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    OpenPayerPolicy UpdatesAdministrative/Operational PolicyAlabama DOI Trade Secret Filing Policy Update | Op…
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    CurrentAlabama Department of InsurancePolicy 2021-05

    Trade Secret Confidentiality for Insurance Filings

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    This bulletin implements Ala. Act No. 2021-237 and governs how parties may claim trade secret confidentiality for insurance filings submitted to the Alabama Department of Insurance; it affects insurers and filing parties submitting filings to the Department.

    Policy Summary
    PayerAlabama Department of Insurance
    PolicyTrade Secret Confidentiality for Insurance Filings
    Policy CodePolicy Policy 2021-05
    Change TypeImplementation of Ala. Act No. 2021-237
    Effective DateJul 23, 2021
    Next Review Date
    Key ActionFiling parties must request trade secret confidentiality via SERFF and provide reasons tied to the statutory trade secret elements.
    SourceLink
    POLICY UPDATE CHANGES

    No material clinical or coverage changes in this revision.

    30 business daysDept. determination period
    ImmediateAct/bulletin effective
    All elements requiredDefinition requirement

    Trade Secret Confidentiality Criteria

    OpenPayer is powered by Trek Health's payer performance platform. Trek continuously ingests, validates, and normalizes Transparency in Coverage data alongside payer policies and other commercial payer data to create a structured payer intelligence foundation. OpenPayer uses this foundation to deliver personalized search results, dynamically generated policy pages, and tailored policy monitoring based on each user's payers, specialties, billing codes, and areas of interest. The same intelligence powers broader payer performance workflows, including reimbursement benchmarking, contract evaluation, payer negotiations, and financial decision-making.

    Trade secret confidentiality criteria and process

    Criteria and process for asserting trade secret confidentiality for insurance filings:

    Filing party must electronically submit the confidentiality request through SERFF and indicate whether the entire filing or only selected parts are to be kept confidential.
    Filing party must state reasons for the trade secret designation with reference to the statutory trade secret elements in Ala. Code § 8-27-2(1) and Ala. Code § 27-13-3 as amended by Ala. Act No. 2021-237.
    Burden of proving the existence of a trade secret and a claim of confidentiality rests with the filing party asserting the designation.
    The Department will keep designated information confidential and not open to public inspection during its review and will use reasonable efforts to provide a determination within 30 business days; the Department may ask questions via SERFF during review.
    If the Department agrees with the trade secret designation, the information will be treated as confidential and not open to public inspection; the Department may override requests but will issue a 'Note to Filer' explaining why the confidentiality request is not allowed before overriding.
    A model filing or a filing that is open to public inspection in another state will not be deemed a trade secret by the Department.
    All statutory elements of a trade secret must be present for information to qualify: (a) used or intended for use in a trade or business; (b) embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process; (c) not publicly known and not generally known in the trade; (d) cannot be readily ascertained from public information; (e) subject to reasonable efforts to maintain secrecy; and (f) has significant economic value.

    How to Request Confidentiality

    Documentation Required

    Request confidentiality via SERFF — Department review and timeline

    Filing parties must electronically submit any trade secret confidentiality request through SERFF and indicate which parts of the filing are claimed confidential; the Department will keep designated information confidential during review. The Department will use reasonable efforts to provide a determination within 30 business days of filing, may ask questions via SERFF that must be answered there, and may override requests after issuing a "Note to Filer."

    • Submit confidentiality request via SERFF and specify entire filing or selected parts claimed confidential. [[do not include in UI]]
    • Department will keep designated information confidential and not open to public inspection during review.
    • Department aims to determine requests within 30 business days but may take longer for particular situations.
    • The Department may ask questions during review via SERFF; questions should be answered in SERFF.
    • If the Department intends to override a request it will issue a Note to Filer before overriding; the filer may withdraw the submission via a Note to Reviewer.

    Key Definitions

    Trade secret — qualifying elements
    Used or intended for use in a trade or businessInformation must be used or intended for use in a trade or business.
    Embodied formIncluded or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process.
    Not publicly knownInformation is not publicly known and not generally known in the trade or business of the person asserting it.
    Not readily ascertainableCannot be readily ascertained or derived from publicly available information.
    Reasonable efforts to maintain secrecyThe information must be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
    Significant economic valueThe information must have significant economic value.
    Policy Summary
    PayerAlabama Department of Insurance
    PolicyTrade Secret Confidentiality for Insurance Filings
    Policy CodePolicy Policy 2021-05
    Change TypeImplementation of Ala. Act No. 2021-237
    Effective DateJul 23, 2021
    Next Review Date
    Key ActionFiling parties must request trade secret confidentiality via SERFF and provide reasons tied to the statutory trade secret elements.
    SourceLink
    On This Page
    Trade Secret Confidentiality CriteriaHow to Request ConfidentialityKey Definitions