Current through Pa Acts 2024-53, 2024-56 through 2024-111
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.Added by P.L. TBD 2018 No. 163, § 1, eff. 10/24/2018.