|Office of the Attorney General - State of Texas
February 9, 1999
Mr. Ryan Tredway, Staff Attorney
Dear Mr. Tredway:
You ask whether certain information is subject to required public disclosure under the Texas Open Records Act, chapter 552 of the Government Code. Your request was assigned ID# 121835.
The Department of Insurance (the "department") received a request "for the most recent Texas Department of Insurance Triennial Audit of United Health Care of Texas." You seek to withhold the requested information under sections 552.101 and 552.112 of the Government Code.
Section 552.101 requires withholding, inter alia, information made confidential by statute. Article 1.15 of the Insurance Code provides for the triennial examination of insurance carriers by the department. Section 9 of the article provides that "[a] final or preliminary examination or report, and any information obtained during the course of an examination, is not subject to disclosure under the" Open Records Act. We have examined the "Examination Report" you submitted as responsive to the request. We conclude that it is made confidential by article 1.15, section 9. Accordingly, you must withhold the submitted information in its entirety. Since we have resolved this request under section 552.101 of the Government Code in conjunction with article 1.15, section 9 of the Insurance Code, we need not address your claim under section 552.112 of the Government Code.
We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.
Yours very truly,
Ref.: ID# 121835
Enclosures: Submitted documents
cc: Ms. Suzanne Kelley
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US