PARRIS N. GLENDENING, Governor

Ch. 57

(7) TO EVALUATE AN APPLICATION FOR OR RENEWAL OF INSURANCE;

(8) TO EVALUATE AND ADJUST A CLAIM FOR BENEFITS UNDER A

POLICY;

(9) TO EVALUATE, SETTLE, OR DEFEND A CLAIM OR SUIT FOR
PERSONAL INJURY;

(10) IN ACCORDANCE WITH A COST CONTAINMENT CONTRACTUAL
OBLIGATION TO VERIFY THAT BENEFITS PAID BY THE INSURER WERE PROPER
CONTRACTUALLY; OR

(11) TO A POLICYHOLDER IF:

(I) THE POLICYHOLDER DOES NOT FURTHER DISCLOSE THE
SPECIFIC MEDICAL INFORMATION; AND

(II) THE INFORMATION IS REQUIRED FOR AN AUDIT OF THE
BILLING MADE BY THE INSURER TO THE 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.

(E) AN INSURER THAT KNOWINGLY VIOLATES THIS SECTION IS LIABLE TO A
PLAINTIFF FOR ANY DAMAGES RECOVERABLE IN A CIVIL ACTION, INCLUDING
REASONABLE ATTORNEY'S FEES.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 490E.

In subsections (a), (b)(1) and (2), the introductory language of (c), and (e) of
this section, the former references to an "insurance company" are deleted as
included in the defined term "insurer". Similarly, in subsection (c)(10) and
(11)(ii) of this section, the defined term "insurer" is substituted for the former
words "insurance carrier" for consistency with terminology used in this article.

In subsections (a), (b)(1) and (2), the introductory language of (c), and
(c)(11)(i) of this section, the word "disclose" is substituted for the former
word "reveal" for consistency with terminology used in Title 4, Subtitle 3 of
the Health - General Article ("Confidentiality of Medical Records").

In subsection (a) of this section, the former phrase "to any person" is deleted
as surplusage.

In subsections (b)(1) and (2) and the introductory language of (c) of this
section, the reference to the "insured's" medical records is substituted for the
former reference to a "person's" medical records for specificity and
consistency within this section.

In the introductory language of subsection (c) of this section, the phrase
"without the authorization of the insured" states expressly that which was only
implied in the former law.

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