Code of Alabama

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27-12A-23
Section 27-12A-23 Confidentiality. (a) Documents and evidence provided pursuant to Section
27-12A-21 or obtained by the department in an investigation of suspected or actual insurance
fraud shall be privileged and confidential, shall not be a public record, and shall not be
subject to discovery or subpoena in a civil or criminal action. (b) Notwithstanding subsection
(a), the department may release documents and evidence obtained by the unit in an investigation
of suspected or actual insurance fraud pursuant to any of the following: (1) Administrative
or judicial bodies hearing proceedings to enforce laws administered by the department. (2)
Federal, state, or local law enforcement or regulatory agencies, including, but not limited
to, the Attorney General and the Chief Examiner of Public Accounts; the NICB; or the NAIC.
(3) At the discretion of the commissioner, a person in the transaction of the business of
insurance that is aggrieved by the insurance fraud. (c) Release of documents...
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27-62-8
Section 27-62-8 Confidentiality. (a)(1) Any documents, materials, or other information in the
control or possession of the department that are furnished by a licensee or an employee or
agent acting on behalf of a licensee pursuant to subsection (i) of Section 27-62-4; subdivisions
(2), (3), (4), (5), (8), (10), and (11) of subsection (b) of Section 27-62-6; or that are
obtained by the commissioner in an investigation or examination pursuant to Section 27-62-7
shall be confidential by law and privileged, shall not be subject to any open records, freedom
of information, sunshine, or other public record disclosure laws, shall not be subject to
subpoena, and shall not be subject to discovery or admissible in evidence in any private civil
action. The commissioner shall not otherwise make the documents, materials, or other information
public without the prior written consent of the licensee. (2) Notwithstanding subdivision
(1), the commissioner may use the documents, materials, or other...
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27-29-7
Section 27-29-7 Confidentiality of documents, materials, or other information; powers of commissioner;
disclosure and sharing of documents, etc. (a) All documents, materials, or other information,
and copies thereof, in the possession or control of the department that are obtained by or
disclosed to the commissioner or any other person in the course of an examination or investigation
made pursuant to Section 27-29-6 and all information reported pursuant to paragraphs l. and
m. of subdivision (l) of subsection (b) of Section 27-29-3, Section 27-29-4, Section 27-29-5,
and Section 27-29-6.2 shall be confidential by law and privileged, shall not be subject to
any open records, freedom of information, sunshine or other public record disclosure laws,
and shall not be subject to subpoena. The commissioner may use the documents, materials, and
other information in the furtherance of any regulatory or legal action in the course of the
commissioner's official duties. The documents, materials,...
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27-2-24
hold the content of the examination report as private and confidential information for a period
of 20 days except to the extent provided in subsection (b). Thereafter, the commissioner may
open the report for public inspection unless a court of competent jurisdiction has stayed
its publication; however, the commissioner may withhold from public inspection any examination
or investigation report for so long as the commissioner deems necessary to protect the person
examined from unwarranted injury or to be in the public interest. (2) Nothing contained
in this section shall prevent or be construed as prohibiting the commissioner from disclosing
the content of an examination report, preliminary examination report or results, or any matter
relating thereto, to the insurance department of any other state or country, or to law enforcement
officials of this or any other state or agency of the federal government at any time, so long
as the agency or office receiving the report or matters...
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13A-9-150
improperly charted, coded, or billed for any medical or health care service, common practices,
including but not limited to, repayment, even years later, may use as a defense to, or ground
for dismissal of, a prosecution under this section. (i) The introduction into evidence of
a paid state warrant to the order of the defendant is prima facie evidence that the defendant
did receive public assistance from the state. (j) The introduction into evidence of a transaction
history generated by a personal identification number (PIN) establishing a purchase
or withdrawal by electronic benefit transfer is prima facie evidence that the identified recipient
received public assistance from the state. (k)(1) If an original record is admissible in any
case or proceeding in a court in the state, a certified copy of the record in the custody
of any federal or state agency relating to an investigation of public assistance fraud under
this section shall be admissible when certified and affirmed by the...
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27-36A-4
Section 27-36A-4 Actuarial opinion of reserves. (a) Actuarial opinion prior to the operative
date of the valuation manual as defined by Section 27-36A-15. (1) GENERAL. Every life insurance
company doing business in this state shall annually submit the opinion of a qualified actuary
as to whether the reserves and related actuarial items held in support of the policies and
contracts specified by the commissioner by regulation are computed appropriately, are based
on assumptions which satisfy contractual provisions, are consistent with prior reported amounts,
and comply with applicable laws of this state. The commissioner, by regulation, shall define
the specifics of this opinion and add any other items deemed to be necessary to its scope.
(2) ACTUARIAL ANALYSIS OF RESERVES AND ASSETS SUPPORTING RESERVES. a. Every life insurance
company, except as exempted pursuant to regulation, shall also annually include in the opinion
required by subdivision (1) an opinion of the same qualified...
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40-2A-13
Section 40-2A-13 Examination of taxpayer's records; additional assessments; disclosure requirements;
taxpayer notification. (a) The Department of Revenue, a governing body of a self-administered
county or municipality, or an agent of such a municipality or county may not conduct an examination
of a taxpayer's books and records for compliance with applicable sales, use, rental, or lodgings
tax laws except in accordance with this section and with the Alabama Taxpayers' Bill of Rights
and Uniform Revenue Procedures Act. (b) Additional sales, use, rental, or lodgings tax may
be assessed by the Department of Revenue, a governing body of a self-administered county or
municipality, or an agent of such a municipality or county within any applicable period allowed
pursuant to Section 40-2A-7(b), even though a preliminary or final assessment has previously
been entered by the Department of Revenue, a governing body of a self-administered county
or municipality, or an agent of such a municipality...
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32-8-87
or any other person pays or makes other monetary settlement to a person when a vehicle is damaged
and the damage to the vehicle is greater than or equal to 75 percent of the fair retail value
of the vehicle prior to damage as set forth in a current edition of a nationally recognized
compilation of retail values, including automated data bases. The compensation for total loss
as defined in this subsection shall not include payments by an insurer or other person for
medical care, bodily injury, vehicle rental, or for anything other than the amount
paid for the actual damage to the motor vehicle. A vehicle that has sustained minor damage
as a result of theft or vandalism shall not be considered a total loss. Any person acquiring
ownership of a damaged motor vehicle that meets the definition of total loss for which a salvage
title has not been issued shall apply for a salvage title, other than a scrap metal processor
acquiring such vehicle for purposes of recycling into metallic...
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27-12A-40
Section 27-12A-40 Creation of Insurance Fraud Unit. (a) There is hereby established within
the department the Insurance Fraud Unit. The commissioner shall appoint the necessary full-time
supervisory and investigative personnel of the unit who shall be qualified by training and
experience to perform the duties of their positions. The commissioner shall furnish offices,
equipment, operating expenses, and necessary personnel to maintain and operate the unit. (b)
The unit shall perform all of the following duties: (1) Initiate independent inquiries and
conduct independent investigations when the unit has cause to believe that any insurance fraud
may be, is being, or has been, committed. (2) Review reports or complaints of alleged insurance
fraud from federal, state, and local law enforcement and regulatory agencies, persons engaged
in the business of insurance, and the public to determine whether the reports or complaints
require further investigation and, if so, to conduct these...
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27-45A-4
Section 27-45A-4 Licensure of pharmacy benefits managers. (a) (1) Effective January 1, 2020,
to conduct business in this state, a pharmacy benefits manager must be licensed by the commissioner.
To initially obtain a license or renew a license, a pharmacy benefits manager shall submit
all of the following: a. A nonrefundable fee not to exceed $500. b. A copy of the licensee's
corporate charter, articles of incorporation, or other charter document. c. A completed licensure
form adopted by the commissioner containing: 1. The name and address of the licensee. 2. The
name, address, and official position of an employee who will serve as the primary contact
for the Department of Insurance. 3. Any additional contact information deemed appropriate
by the commissioner or reasonably necessary to verify the information contained in the application.
(2) The licensee shall inform the commissioner by any means acceptable to the commissioner
of any change in the information required by this subsection...
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