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Session Laws, 1979
Volume 737, Page 1695   View pdf image
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HARRY HUGHES, Governor

1695

490E.

(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 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
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[.]; OR

(8)   IT IS FURNISHING INFORMATION PURSUANT TO A
COST CONTAINMENT CONTRACTUAL OBLIGATION FOR THE PURPOSE OF
VERIFYING THAT THE BENEFITS PAID BY THE INSURANCE CARRIER
WERE CONTRACTUALLY PROPER, OR IT IS PROVIDING INFORMATION TO

A THIRD PARTY PAYOR POLICYHOLDER WHICH DOES NOT REVEAL

SPECIFIC MEDICAL INFORMATION AND IS REQUIRED FOR AN AUDIT OF
THE BILLING MADE BY THE INSURANCE CARRIER TO THE PAYOR
POLICYHOLDER.

(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 INSURED OR COVERED PERSON.

 

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Session Laws, 1979
Volume 737, Page 1695   View pdf image
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