A. Is made to a viatical settlement provider, a viatical producer, an independent viatical producer, an institutional investor or other person determined by rule and is necessary to effect the viatical settlement between the viator and the viatical settlement provider necessary to effectuate a settlement contract between the viator and a settlement provider and the viator and the insured have provided prior written consent to the disclosure;

B. Is provided in response to an investigation or examination by the superintendent or any other government officer or agency pursuant to section 6807; or

C. Is necessary to facilitate permit a financing transaction and is made either to a licensed viatical settlement provider or to an institutional investor. entity, related provider trust or special purpose entity to finance the purchase of policies by a settlement provider and the viator and insured have provided prior written consent to the disclosure;

D.__Is a term or condition to the transfer of a policy by one settlement provider to another settlement provider;

E.__Is necessary to allow the settlement provider or insurance producer or an authorized representative to make contacts for the purpose of determining health status; or

F.__Is required to purchase stop-loss coverage.

3. Sale or transfer. A viatical settlement provider may not sell or transfer a viaticated policy to a financing entity other than an institutional investor or a licensed viatical settlement provider.

Sec. 10. 24-A MRSA §§6807 and 6808, as enacted by PL 1997, c. 430, §1 and affected by §2, are amended to read:

§6807. Examinations and investigations

1. Complaint. In response to a complaint concerning a licensee or in connection with an application for a license, the superintendent may examine the business and affairs of any licensee or applicant for a license. Subject to the provisions of section 6806, the superintendent may order a licensee or applicant to produce records, books, files or other information reasonably necessary to ascertain whether the licensee or