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(a) Financial information submitted to the Director or Manager to establish the solvency and worth of any self insurer, applicant to be self insured, third party administrator, or of a guarantor of a self insurer or applicant to be self insured shall be considered confidential in accordance with Government Code Sections 6254 and 6255.
(b) Information obtained from any audit regarding the nature, extent or financial liability of any specific self insurer's workers' compensation claims, together with any and all like information regarding a specific self insurer's claims or financial condition, shall be confidential and shall be used solely for the purpose of applying the provisions of these regulations.
(c) The list of open claims and list of claims reported to excess insurance carriers in the Self Insurers Annual Report and any claims logs submitted to the Manager shall be confidential.
(d) The Manager shall disclose any financial or claims information to the Self Insurers' Security Fund on any private self insurer whose liabilities have been turned over to the Fund pursuant to Labor Code Section 3742 et seq. The Manager shall also disclose any financial information to the Self Insurers' Security Fund on any private self insurer who has filed bankruptcy, been unable to pay their liabilities, or failed to post an increase in deposit due that would potentially put the Fund in jeopardy for the self insurer's liabilities.
(e) At the written request of the Chief of the Division of Workers' Compensation, Office of Benefits and Enforcement, the Manager shall provide a copy of any audit report to the Division of Workers' Compensation. The self insured employer and/or administrator shall be notified of the release of the audit report to the Division of Workers' Compensation.
(f) Subject to the described conditions, the financial and audit information shall not be disclosed to any other department, entity or person without an order from an appropriate court or administrative subpoena from an agency of the State. The self- insured entity shall be promptly advised of the court order or subpoena by the Manager.
NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 129, 3700, 3702.6 and 3702.10, Labor Code.
HISTORY
1. Amendment filed 2-19-92; operative 3-20-92 (Register 92, No. 13).
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