1. (1) A disclosure document containing the disclosures required in 33-20-1311, MCA, and this rule, shall be provided when an application for a viatical settlement contract is taken.

2. (2) The disclosure document must contain the following language:

   1. (a) "All medical, financial, or personal information solicited or obtained by a viatical settlement provider or viatical settlement broker about a viator and insured, including the viator and insured's identity or the identity of family members is confidential."

3. (3) The medical, financial, or personal information solicited or obtained by a viatical settlement provider or viatical settlement broker about a viator and insured may not be disclosed in any form to any person, unless disclosure:

   1. (a) is necessary to effect the viatical settlement between the viator and the viatical settlement provider; and
   2. (b) the viator and insured have provided prior written consent to the disclosure.
4. (4) The disclosure shall include advising the viator and insured that the information may be provided to financing entities including individual and institutional purchasers.

Authorizing statute(s): 33-20-1315, MCA

Implementing statute(s): 33-20-1311, MCA

History: NEW, 2000 MAR p. 3155, Eff. 11/10/00; AMD, 2005 MAR p. 71, Eff. 1/14/05; AMD, 2017 MAR p. 1888, Eff. 10/14/17.