January 4, 2011

Ms. Cynthia Villarreal-Reyna

Section Chief, Agency Counsel

Legal and Regulatory Affairs Division MC 110-1A

Texas Department of Insurance

P.O. Box 149104

Austin, Texas 78714-9104

OR2011-00151

Dear Ms. Villarreal-Reyna:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 404814 (TDI # 108467).

The Texas Department of Insurance (the "department") received a request for the most recent Medicare supplemental policy filings for two named entities. You state some of the requested information has been released. Although you take no position on the public availability of the submitted information, you believe the information may implicate the proprietary interests of United Healthcare Insurance Company ("United"). You inform us United was notified of this request for information and of its right to submit arguments to this office as to why the submitted information should not be released. ⁽¹⁾ We have reviewed the information you submitted.

We first note, and you acknowledge, the department did not comply with its ten-business-day deadline under section 552.301(b) of the Government Code in requesting this decision. See Gov't Code § 552.301(a)- (b). The department also failed to comply with its fifteen-business deadline under section 552.301(e). See id. § 552.301(e). The submitted information is therefore presumed to be subject to required public disclosure and must be released, unless there is a compelling reason to withhold any of the information. See id. § 552.302; Simmons v. Kuzmich, 166 S.W.3d 342 (Tex. App.--Fort Worth 2005, no pet.); Hancock v. State Bd. of Ins., 797 S.W.2d 379 (Tex. App.--Austin 1990, no writ). This statutory presumption can generally be overcome when information is confidential by law or third-party interests are at stake. See Open Records Decision Nos. 630 at 3 (1994), 325 at 2 (1982). Therefore, we will determine whether any of the submitted information must be withheld on the basis of any interest United may have in the information.

An interested third party is allowed ten business days from the date of its receipt of the governmental body's notice under section 552.305 of the Government Code to submit its reasons, if any, as to why information relating to the party should not be released. See Gov't Code § 552.305(d)(2)(B). As of the date of this decision, this office has received no correspondence from United. Therefore, because United has not demonstrated any of the information at issue is proprietary for the purposes of the Act, none of the submitted information may be withheld on the basis of any proprietary interest United may have in the information. See id. § 552.110(a)-(b); Open Records Decision Nos. 552 at 5 (1990), 661 at 5-6 (1999). As the department does not claim an exception to disclosure, the submitted information must be released.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

James W. Morris, III

Assistant Attorney General

Open Records Division

JWM/em

Ref: ID# 404814

Enc: Submitted documents

c: Requestor

(w/o enclosures)

Mr. Allen Sorbo

United Healthcare Insurance Company

185 Asylum Street

Hartford, Connecticut 06103

(w/o enclosures)

CT Corporation System

For United Healthcare Insurance Company

350 North St. Paul Street

Dallas, Texas 75201

(w/o enclosures)

Footnotes

1. See Gov't Code § 552.305(d); Open Records Decision No. 542 (1990) (statutory predecessor to Gov't Code § 552.305 permitted governmental body to rely on interested third party to raise and explain applicability of exception to disclosure under certain circumstances).

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