601.465
601.465
Nondisclosure of information. The office may refuse to disclose and may prevent any other person from disclosing any of the following:
601.465(1)
(1) Testimony, reports, records and information that are obtained, produced or created in the course of an inquiry under
s. 601.42.
601.465(2)
(2) Except as provided in
s. 601.44 (6) to
(10), testimony, reports, records and information that are obtained, produced or created in the course of an examination under
s. 601.43.
601.465(3)
(3) Testimony, reports, records and information that are obtained by the office from any of the following, under a pledge of confidentiality or for the purpose of assisting in the conduct of an investigation or examination:
601.465(3)(a)
(a) The National Association of Insurance Commissioners.
601.465(3)(b)
(b) An agent or employee of the National Association of Insurance Commissioners.
601.465(3)(d)
(d) An agent or employee of the insurance commissioner of another state.
601.465(3)(e)
(e) An international, federal, state or local regulatory or law enforcement agency.
601.465 History
History: 1991 a. 269;
1999 a. 30.
601.465 Cross-reference
Cross Reference: See also s.
Ins 6.13, Wis. adm. code.
601.47(1)(1)
General. The commissioner may prepare books, pamphlets and other publications relating to insurance and sell them in the manner and at the prices the commissioner determines. The cost of publication and distribution may be paid from the appropriation under
s. 20.145 (1) (g).
601.47(2)
(2) Annual report. The commissioner shall determine the form for the report required in
s. 601.46 (3) and shall have the report published in sufficient quantity to meet all requests for copies. The commissioner shall distribute copies upon request to any person who pays the price determined for the report under
sub. (1).
601.47(3)
(3) Free distribution. The commissioner may furnish free copies of the publications prepared under
subs. (1) and
(2) to public officers and libraries in this state and elsewhere. The cost of free distribution shall be charged to the appropriation under
s. 20.145 (1) (g).
601.48
601.48
Participation in organizations. 601.48(1)
(1)
National Association of Insurance Commissioners. The commissioner and the office of the commissioner shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in the judgment of the commissioner, enhance the purposes of
chs. 600 to
655.The actual and necessary expenses incurred thereby shall be reimbursed out of the appropriation under
s. 20.145 (1) (g).
601.48(2)
(2) Consultation in regulation. The commissioner may exchange information and data and consult with other persons in order to improve and carry out insurance regulation.
601.49
601.49
Access to records. The commissioner shall have access to the records of any agency of the state government or of any political subdivision thereof which the commissioner may wish to consult in discharging his or her duties.
601.49 History
History: 1979 c. 102.
601.51
601.51
Provision of certified copies and notices. 601.51(1)(1)
Certified copies. On request of any insurer authorized to do a surety business and its payment of the fee under
s. 601.31 (1), the commissioner shall mail a certified copy of its certificate of authority to any designated public officer in this state who requires such a certificate before accepting a bond. That public officer shall file it. Whenever a certified copy has been furnished to a public officer it is unnecessary, while the certificate remains effective, to attach a copy of it to any instrument of suretyship filed.
601.51(2)
(2) Notice of revocation of certificate. Whenever the commissioner revokes the certificate of authority of any insurer authorized to do a surety business, the commissioner shall immediately give notice thereof to each officer who was sent a certified copy under
sub. (1).
601.51 Annotation
Legislative Council Note, 1975: This continues the substance of s. 204.04 (1) and (2). [Bill 642-S]
601.53
601.53
Insolvency notices. 601.53(1)(1)
Insurers doing a surety business. Whenever any authorized insurer doing a surety business is placed in liquidation under
ch. 645 or a similar law of another state or jurisdiction, the commissioner shall immediately notify the director of state courts. Upon receipt of the notice, the director of state courts shall notify each register in probate, probate registrar and clerk of circuit court, who shall notify and require every fiduciary that has filed a bond on which the company is surety to file a new bond with a different surety.
601.53(2)
(2) Other. The commissioner as liquidator of an insurer shall send notices as provided in
s. 645.47.
601.53 Annotation
Legislative Council Note, 1975: Sub. (1) continues the substance of s. 204.04 (3). Sub. (2) is new and is a useful cross reference. [Bill 642-S]
601.55
601.55
Nondomestic insurers; additional requirements. If another state or a foreign country requires domestic insurers doing business in that state or foreign country to deposit security, to pay a fee or tax not included in the computation under
s. 76.66, to pay a fine or penalty or to comply with an obligation, prohibition or restriction that is in addition to or greater than requirements imposed by this state on nondomestic insurers doing a similar business in this state, this state may, as a condition for issuing a license to an insurer domiciled in that state or foreign country, impose a similar security requirement, fee, tax, fine, penalty, obligation, prohibition or restriction.
601.55 History
History: 1989 a. 31.
601.56
601.56
Study and rules on standards for health insurers. 601.56(1)(a)(a) The commissioner shall study whether, in their transactions with health care providers, compliance by health insurers with certain standards, such as standard codes, forms and formats, is likely to reduce the cost of health care administration. The study shall investigate compliance with standards in at least all of the following types of transactions between insurers and health care providers:
601.56(1)(b)
(b) On or before February 1, 1994, the commissioner shall submit the results of the study to the legislature under
s. 13.172 (2) and to the governor.
601.56(2)
(2) Rules. If, as a result of the study under
sub. (1), the commissioner determines that in transactions with health care providers compliance by health insurers with certain standards will likely reduce the cost of health care administration, the commissioner shall promulgate rules to establish and implement appropriate standards.
601.56 History
History: 1993 a. 16.
601.57
601.57
Study and rules on health insurance identification cards. 601.57(1)(a)(a) The commissioner, in consultation with the department of health and family services, shall study the feasibility and cost-effectiveness of requiring every health insurer to issue to its insureds uniform machine-readable health insurance identification cards and to establish a computerized support system for the cards that will accept and respond to electronically conveyed requests from health care providers for information related to an insured, such as eligibility, coverages and authorizations. The study shall consider the feasibility and cost-effectiveness of including the medical assistance program under
subch. IV of ch. 49 in the system of identification cards and the computerized support system and the feasibility of using those systems to coordinate the payment of benefits by health insurers and the medical assistance program.
601.57(1)(b)
(b) On or before February 1, 1994, the commissioner shall submit the results of the study to the legislature under
s. 13.172 (2) and to the governor.
601.57(2)
(2) Rules. If, as a result of the study under
sub. (1), the commissioner determines that a health insurance identification card system and its computerized support system are feasible and would be cost-effective, the commissioner shall promulgate rules to establish and implement the systems.
601.57 History
History: 1993 a. 16;
1995 a. 27 ss.
7007,
9126 (19).
601.59
601.59
Interstate insurance receivership compact. The interstate insurance receivership compact is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein, in the form substantially as follows:
601.59(1)
(1) Article I — Purposes. Through means of joint and cooperative action among the compacting states, the purposes of this compact include all of the following:
601.59(1)(a)
(a) To promote, develop and facilitate orderly, efficient, cost-effective and uniform insurer receivership laws and operations.
601.59(1)(b)
(b) To coordinate interaction between insurer receivership and guaranty association operations.
601.59(1)(c)
(c) To create the interstate insurance receivership commission.
601.59(1)(d)
(d) To perform these and such other related functions as may be consistent with the state regulation of the business of insurance pursuant to the McCarran-Ferguson act.
601.59(2)
(2) Article II — Definitions. In this compact:
601.59(2)(a)
(a) "Bylaws" means those bylaws prescribed by the commission for its governance, or for directing or controlling the commission's actions or conduct.
601.59(2)(b)
(b) "Compacting state" means any state which has enacted enabling legislation for this compact.
601.59(2)(c)
(c) "Commission" means the interstate insurance receivership commission created by this compact.
601.59(2)(d)
(d) "Commissioner" means the chief insurance regulatory official of a state.
601.59(2)(e)
(e) "Deputy receiver" means any person appointed or retained by a receiver and who is the receiver's duly authorized representative for administering one or more estates.
601.59(2)(f)
(f) "Domiciliary state" means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry; or, in the case of an unauthorized insurer not incorporated, organized, or entered in any state, a state where the insurer is engaged in or doing business.
601.59(2)(g)
(g) "Estate" means the assets and liabilities of any insurer in receivership.
601.59(2)(h)
(h) "Guaranty association" means an insurance guaranty fund or association or any similar entity now or hereafter created by statute in a compacting state, other than a receivership, to pay or assume, in whole or in part, the contractual claim obligations of insolvent insurers.
601.59(2)(i)
(i) "Insurer" means any person or entity that has done, purports to do, is doing or is licensed to do any insurance or reinsurance business, or that is or has been subject to the authority of, or to liquidation, rehabilitation, supervision, conservation or ancillary receivership by, any commissioner.
601.59(2)(j)
(j) "Member" means the commissioner of a compacting state or his or her designee, who shall be a person officially connected with the commissioner and who is wholly or principally employed by the commissioner.
601.59(2)(k)
(k) "Noncompacting state" means any state which has not enacted enabling legislation for this compact.
601.59(2)(L)
(L) "Operating procedures" means those procedures promulgated by the commission implementing a rule, an existing law in a compacting state or a provision of this compact.
601.59(2)(m)
(m) "Publication" means the act of publishing in the official state publication in a compacting state or in such other publication as may be established by the commission.
601.59(2)(n)
(n) "Receiver" means receiver, liquidator, rehabilitator, conservator or ancillary receiver as the context requires.
601.59(2)(o)
(o) "Receivership" means any liquidation, rehabilitation, conservation or ancillary receivership proceeding as the context requires.
601.59(2)(p)
(p) "Rules" means acts of the commission, duly promulgated pursuant to
sub. (7).
601.59(2)(q)
(q) "State" means any state, district or territory of the United States of America.
601.59(3)
(3) Article III — Establishment of the Commission and Venue. The compacting states hereby create the interstate insurance receivership commission. The commission is a body corporate of each compacting state. The commission is a not-for-profit entity, separate and distinct from the compacting states. The commission is solely responsible for its liabilities. Except as otherwise specifically provided in state or federal law in the jurisdiction where the commission's principal office is located or where the commission is acting as receiver, venue is proper, and judicial proceedings by or against the commission shall be brought, in a court of competent jurisdiction where the commission's principal office is located.
601.59(4)
(4) Article IV — Powers of the Commission. The commission shall have all of the following powers:
601.59(4)(b)
(b) To promulgate operating procedures which shall be binding in the compacting states to the extent and in the manner provided in this compact.
601.59(4)(c)
(c) To oversee, supervise and coordinate the activities of receivers in compacting states.
601.59(4)(d)
(d) To act as receiver of insurers organized under the laws of, engaged in or doing the business of insurance in, a compacting state upon the request of the commissioner of such state or when grounds for receivership by the commission exist under
sub. (9).
601.59(4)(e)
(e) To act as deputy receiver of insurers organized under the laws of, engaged in or dong the business of insurance in, a noncompacting state in accordance with
sub. (9).
601.59(4)(f)
(f) To act as ancillary receiver in a compacting state of an insurer domiciled in a noncompacting state.
601.59(4)(g)
(g) To monitor the activities and functions of guaranty associations in the compacting states.
601.59(4)(h)
(h) To delegate its operating authority or functions; provided, that its rule-making authority under
sub. (7) shall not be delegated.
601.59(4)(i)
(i) To bring or prosecute legal proceedings or actions in its name as the commission, or in the name of the commission acting as receiver.
601.59(4)(j)
(j) To bring or prosecute legal proceedings or actions as receiver on behalf of an estate or its policyholders and creditors; provided, that any guaranty association's standing to sue or be sued under applicable law shall not be affected.
601.59(4)(jm)
(jm) To issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.
