40 Pa. C.S. § 3906

Current through P.A. Acts 2023-66
Section 3906 - Third-party consultants
(a)Assistance with review.--The department may retain, at the insurer or insurance group's expense, third-party consultants, including attorneys, actuaries, accountants and other experts not otherwise a part of the department's staff as may be reasonably necessary to assist the department in reviewing the CGAD, CGAD-related information or the insurer's or insurance group's compliance with this chapter. Before retaining a third-party consultant, the department shall consider all of the following:
(1) The complexity of the corporate governance structure of the insurer or insurance group.
(2) Whether subject matter expertise to effectively review the report is available within the department.
(b)Advisory capacity.--A person retained under subsection (a) shall be under the direction and control of the department and shall act in a purely advisory capacity.
(c) Confidentiality.--Each third-party consultant shall be subject to the same confidentiality standards and requirements as the department.
(d) Verification.--As part of the retention process, a third-party consultant shall verify to the department, with notice to the insurer or insurance group, that it:
(1) is free of a conflict of interest;
(2) will comply with the confidentiality standards and requirements of this chapter; and
(3) has internal procedures in place to monitor compliance with this section.
(e) Written consent.--A retention agreement with a third-party consultant shall expressly require the written consent of the insurer or insurance group prior to making information provided under this chapter public.

40 Pa.C.S. § 3906

Added by P.L. TBD 2018 No. 163, § 1, eff. 10/24/2018.