Section 221.11-B - Confidentiality; prohibition on announcements, prohibition on use in ratemaking(a) The following information filed with the department shall constitute information that may be damaging to a health organization if made available to its competitors and shall be confidential: (1) RBC reports to the extent the information in the report is not required to be included in a publicly available annual statement schedule.(2) RBC plans, including the results of reports of any examination or analysis of a health organization performed under this article.(3) A corrective order issued pursuant to examination or analysis with respect to a domestic health organization or foreign health organization.(b) Except for insurance or other regulatory officials of the Commonwealth or other jurisdictions, information under subsection (a) shall be confidential and may not be subject to subpoena by any Federal, State or other jurisdiction or made public by the department or any other person without the prior written consent of the health organization unless the commissioner makes the information public for purposes of Article V. (c) The following shall apply to publication of RBC levels:(1) Except as required by this article, the publication, dissemination, circulation or placement before the public, or directly or indirectly causing the publication, dissemination, circulation or placement before the public, of an assertion, representation or statement with regard to the RBC levels or component derived in the calculation of RBC levels of a health organization, including assertions, representations or statements intended or used to rank health organizations, by an insurer, agent, broker or other person in a newspaper, magazine or other publication, notice, pamphlet, letter or other printed matter or by broadcast or electronic transmission, is prohibited.(2) Notwithstanding the provisions of paragraph (1), if a health organization is able to demonstrate to the commissioner with substantial proof that a materially false statement regarding the comparison of a health organization's total adjusted capital to its RBC levels or an inappropriate comparison of any other amount to the health organization's RBC levels has been published in writing, the health organization may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false or inappropriate statement.(d) The RBC instructions, RBC reports, adjusted RBC reports, RBC plans and revised RBC plans are intended solely for use by the department to monitor the solvency of health organizations and to determine the need for corrective action and shall not be used for ratemaking nor used as evidence in any rate proceeding nor to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which a health organization or any affiliate is authorized to write.1921, May 17, P.L. 789, No. 285, § 221.11-B, added 2000, June 22, P.L. 457, No. 62, § 1, imd. effective.