An insurer must maintain a complete record of all complaints which it has received during the preceding three years or since the date of its most recent financial examination by the commissioner of insurance, whichever time period is shorter, in substantial compliance with the provisions of this subchapter. (1) For purposes of this subchapter, "substantial compliance" shall mean that the record maintained by the insurer must capture the prescribed minimum complaint information items set out in this subchapter, and must be provided to the department upon examination of the insurer or within prescribed statutory time periods or other reasonable time following a request from the department for such complaint information. Substantial compliance includes presenting such information to the department so that, if requested, a complete record of all complaints as set out in §21.2504 of this title (relating to Complaint Record; Required Elements; Explanation and
Instructions) is provided upon examination or pursuant to a request for such complaint information by the department. (2) Maintenance of a complaint record and provision of such complaint information to the department under this subchapter do not constitute a waiver of any exception to public disclosure provided by law.
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