5. Immunity.__In the absence of fraud, malice or bad faith, an insurer that furnished information relating to a suspected, anticipated or completed fraudulent insurance act is not liable for any damages in any civil action for furnishing the information if that information is furnished to or received from the fraud unit. This subsection is not intended to abrogate or modify in any way any common law or statutory privilege or immunity previously enjoyed by any person.

6.__Material information disclosure.__The fraud unit's papers, documents, reports and evidence relative to the subject of investigation under this section are confidential and are not public records as described in Title 1, section 407 and are not subject to public inspection or disclosure. Papers, documents, reports or evidence relative to the subject of an investigation under this section are privileged and are not subject to subpoena, discovery or disclosure in any proceeding other than the action initiated by the unit, except as specifically authorized in this chapter.__For the purposes of this subsection, "investigative materials" includes the testimony of fraud unit personnel concerning any matter of which they have knowledge pursuant to a pending investigation by the fraud unit.

7.__Rulemaking.__The superintendent shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A to carry out the purposes of this section.

Sec. 6. 36 MRSA §2513-C is enacted to read:

§2513-C.__Special assessment for fraud prevention

1.__Generally; purpose. In addition to any other assessment imposed, every insurer writing direct insurance who in the previous calendar year reported $10,000,000 or more in direct written premiums in this State, except for an insurer writing only credit, home warranty, travel or title insurance, is subject to the assessment imposed by this section.__The purpose of the assessment is to fund the Department of Professional and Financial Regulation, Bureau of Insurance, Insurance Fraud Investigative Unit, as established in Title 24-A, section 2188.

2.__Rate of assessment.__Each insurer subject to the assessment shall pay to the Treasurer of State an amount up to 0.1% of the gross direct premiums written in this State less the amount of all direct return premiums on those policies and all dividends paid to policyholders on direct premiums on those policies.__The assessment must be paid as provided in section 2521-A.