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Summary:

Defines "personal information," which includes medical information. Defines "medical information" as that which (1) relates to an individual's physical or mental condition, medical history or medical treatment, or (2) is obtained from a medical professional or medical care institution, from the individual, or from the individual's spouse, parent, or legal guardian. Defines "medical record information" as information that: (1) Relates to an individual's physical or mental condition, medical history or medical treatment; and, (2) Is obtained from a medical professional or medical care institution, from the individual, or from the individual's spouse, parent, or legal guardian. Defines "confidential communications request" as a request by an insured covered under a health insurance policy that insurance communications containing medical information be communicated to him or her at a specific mail or email address or specific telephone number, as designated by the insured.

Summary:

An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions within time limits set as specified for written applications for insurance, policy renewal, policy reinstatement, or change of insurance benefits. Notice shall be in writing, and is required state if personal information will be collected, possible disclosures, methods of collection, etc. The article also allows an alternative abbreviated notice that includes a notice of the right to access personal information

Summary:

Notice must include types of information collected; techniques used to collect the information; types of permissible disclosures; and description of subject's rights

Summary:

By written request, individuals may gain access to their personal information held by an insurance institution, agent or insurance-support organization. The entities must also provide a list of entities/persons to whom this personal information was disclosed within the last two years. Medical information in the possession of insurance entities may be provided either directly to the individual or to a medical professional designated by the individual. Mental health record information shall be supplied directly to the individual, pursuant to this section, only with the approval of the qualified professional person with treatment responsibility for the condition to which the information relates.

Summary:

By written request, individuals may gain access to their personal information held by an insurance institution, agent or insurance-support organization. The entities must also provide a list of entities/persons to whom this personal information was disclosed within the last two years. Medical information in the possession of insurance entities may be provided either directly to the individual or to a medical professional designated by the individual. Mental health record information shall be supplied directly to the individual, pursuant to this section, only with the approval of the qualified professional person with treatment responsibility for the condition to which the information relates.

Summary:

Insurance institution/agent's obligation to provide individual's requested personal information (including medical information) may be satisfied by another insurance institution or agent authorized to act on its behalf; an insurance institution, agent or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.

Summary:

Individuals may request correction, amendment or deletion of recorded personal information held by insurance institutions, agents or insurance-support organizations. If the insurance entity changes the information, it must notify the individual, and must communicate the changes to persons specifically designated, who may have received the information within the past two years.

Summary:

Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurance institution, agent or insurance-support organization shall either amend the information or notify individual of denial.

Summary:

Upon receipt of a written request within 90 business days of an adverse underwriting decision to an applicant, policyholder or individual proposed for coverage, the insurance institution or agent shall furnish to such person the specific reason or reasons for the adverse underwriting decision. Specific items of medical record information supplied by a medical care institution or medical professional shall be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the individual prefers. Mental health record information shall be supplied directly to the individual, pursuant to this subdivision, only with the approval of the qualified professional person with treatment responsibility for the condition to which the information relates.

Summary:

Disclosure for marketing purposes of insurance related medical records is permissible as long as the subject is given an opportunity to refuse and consents with written authorization. The information's recipient must also agree to use the medical information solely for marketing purposes. Materials disclosed that include the individual's identity are to be returned or destroyed after use.

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