Insurance, Administration

Rule R590-206

Privacy of Consumer Financial and Health Information Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34921
Filed: 06/15/2011 11:43:50 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Statutory provisions for this rule include: Sections 31A-2-201 and 31A-2-202 that give the commissioner the authority to administer and enforce the Insurance Code, Title 31A, and perform the duties imposed by it; Title V, Section 505 (15 USC 6805) empowers the commissioner to enforce Subtitle A of Title V of the Gramm-Leach-Bliley Act of 1999 (15 USC 6801 through 6820). Title V, Section 505 (15 USC 6805(b)(2)) authorizes the commissioner to issue rules to implement the requirements of Title V, Section 501(b) of the federal act. The commissioner is also authorized under Subsection 31A-23a-417(3) to adopt rules implementing the requirements of Title V, Section 501(b) of the federal act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has not received written comments regarding or requests to change this rule in the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Federal law requires states to comply with the privacy laws and to implement them by rule. The rule governs the treatment of nonpublic personal health and financial information about individuals by all licensees of the department. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist

Effective:

06/15/2011