Sec. 402.005.  CONFIDENTIALITY OF REPORT.  (a)  A report obtained by or disclosed to the commissioner under this chapter is confidential and is not subject to a subpoena, other than a grand jury subpoena.
(b)  The report may not be disclosed by the commissioner, the National Association of Insurance Commissioners, or any other person without the prior written consent of the affected insurer or health maintenance organization unless the commissioner, after providing notice and an opportunity for a hearing to the affected insurer or health maintenance organization, determines that the interest of shareholders, holders of policies or evidences of coverage, or the public will be served by publishing the report.  If the commissioner makes that determination, the department may:
(1)  disclose the report to the public; and
(2)  publish any part of the report in a manner the commissioner considers appropriate.
(c)  The report may be disclosed to the insurance department of another state or another authorized governmental agency without complying with Subsection (b).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.