BLAIR LEE III, Acting Governor

2143

          (2) ANY PERSON WHO KNOWINGLY VIOLATES THIS

SECTION IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL

BE FINED NOT MORE THAN $1,000. ANY DAMAGES RECOVERABLE IN
LAW OR EQUITY INCLUDING REASONABLE ATTORNEY'S FEES.

(D) THIS SECTION DOES NOT PROHIBIT THE USE OF MEDICAL
RECORDS, DATA, OR STATISTICS IF THE USE DOES NOT DISCLOSE
THE IDENTITY OF A PARTICULAR SUBSCRIBER.

490E.

(A)    AN INSURANCE COMPANY OR OTHER INSURER MAY REVEAL
SPECIFIC MEDICAL INFORMATION CONTAINED IN AN INSURED'S
MEDICAL RECORDS TO THE INSURED OR HIS AGENT OR
REPRESENTATIVE.

(B)    AN INSURANCE COMPANY OR OTHER INSURER, OR AN
INSURANCE SERVICE ORGANIZATION WHOSE FUNCTIONS INCLUDE THE
COLLECTION OF MEDICAL DATA, MAY NOT REVEAL THE CONTENTS OF A
PERSON'S MEDICAL RECORDS TO ANY PERSON UNLESS:

(1)    IT IS AUTHORIZED BY THE INSURED; OR

(2)    IT IS PROVIDING INFORMATION REQUESTED BY OR
IN FURTHERANCE OF THE PURPOSE OF A MEDICAL REVIEW COMMITTEE,
ACCREDITATION BOARD, OR COMMISSION, OR IN RESPONSE TO LEGAL
PROCESS; OR

(3)    IT IS FURNISHING INFORMATION TO ANOTHER
INSURANCE COMPANY, A NONPROFIT HEALTH SERVICE PLAN, OR A
BLUE CROSS OR BLUE SHIELD PLAN FOR THE PURPOSE OF
COORDINATING BENEFIT PAYMENTS UNDER MORE THAN ONE SICKNESS
AND ACCIDENT, DENTAL, OR HOSPITAL MEDICAL INSURANCE—POLICY
OTHER THAN AN INDIVIDUAL POLICY CONTRACT; OR

(4)    IT IS PROVIDING INFORMATION FOR THE PURPOSE
OF AN INVESTIGATION INTO A POSSIBLE INSURANCE FRAUD; OR

(5) IT IS PROVIDING INFORMATION FOR THE
PURPOSES OF REINSURANCE; OR

(6)    IT IS PROVIDING INFORMATION IN THE NORMAL
COURSE OF UNDERWRITING TO AN INSURANCE COMPANY INFORMATION
EXCHANGE WHICH MAY NOT REDISCLOSE THE INFORMATION UNLESS
EXPRESSLY AUTHORIZED BY THE PERSON TO WHOM THE INFORMATION
PERTAINS; OR

(7)    IT IS PROVIDING INFORMATION FOR THE
PURPOSES OF:

(I)    EVALUATING AN APPLICATION FOR OR
RENEWAL OF INSURANCE; OR

(II)   EVALUATING AND ADJUSTING A CLAIM FOR
BENEFITS UNDER A POLICY OF INSURANCE; OR

(III)  EVALUATING, SETTLING, OR DEFENDING
ANY CLAIM OR SUIT FOR PERSONAL INJURY.