- (1) A record submitted under this rule is subject to Title 63G, Chapter 2, Government Records Access and Management Act.
- (2) Notwithstanding Subsection (1), a record provided under 45 CFR 154.200(a)(1), 45 CFR 154.215(b)(1), or 45 CFR 154.215(b)(2) is classified as public.
- (3) A record submitted under Section 31A-2-201.2, 31A-30-106, or 31A-30-106.1 is classified as protected.
(4) Notwithstanding Subsections (1) through (3), a record may be classified as protected if:
- (a) requested under Section 63G-2-309;
- (b) the request in Subsection (4)(a) includes each required element of Subsections 63G-2-309(1)(a)(i)(A) and 63G-2-309(1)(a)(i)(B); and
- (c) the department notifies the requester that the record has been classified as protected.
- (5) A filing may not be reopened to reclassify a previously filed document.
- (6) A pattern of requesting that non-qualifying documents be protected, including putting both protected and public information in one document, may violate this rule.
KEY: health insurance filings
Date of Last Change: July 21, 2023
Notice of Continuation: February 7, 2024
Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-2-201.1; 31A-2-202; 31A-22-605; 31A-22-620; 31A-30-106