Insurance Code 10113.2(g) (added by SB 98, 2009)

All medical information solicited or obtained by any person soliciting or entering into a life settlement is subject to the Insurance Information and Privacy Protection Act concerning confidentiality of medical information.

Insurance Code 10113.2(h) (added by SB 98, 2009)

With certain exceptions, a provider, broker, insurance company, insurance producer, information bureau, rating agency, or company, or any other person with actual knowledge of an insured's identity shall not disclose the identity of an insured or information that could be used to identify the insured or the insured's financial or medical information. Disclosure is permitted if it is: (1) necessary to effect a life settlement contract and there is prior written consent to the disclosure; (2) to effectuate the sale of life settlement contracts and the owner and the insured have both provided prior written consent to the disclosure; (3) for an investigation or examination by the commissioner or any other governmental officer or agency or any other provision of law; (4) for the transfer of a policy by one provider to another provider; (5) to allow the provider or broker or their authorized representatives to make contacts for the purpose of determining health status; (6) to purchase stop loss coverage.

Insurance Code 10113.2(t) (added by SB 98, 2009)

Records of all consummated transactions and life settlement contracts shall be maintained by the provider for three years after the death of the insured and shall be available to the commissioner for inspection during reasonable business hours.

Insurance Code 10113.3(a) (added by SB 98, 2009)

A provider entering into a life settlement contract with any owner of a policy, wherein the insured is terminally ill, must first obtain the insured’s written consent to the release of his or her medical records to a provider, settlement broker, or insurance producer and, if the policy was issued less than two years from the date of application for a settlement contract, to the insurance company that issued the policy.

Insurance Code 10113.3(a)(2)(added by SB 98, 2009)

A provider entering into a life settlement contract with any owner of a policy, wherein the insured is terminally ill, shall first obtain the insured’s written consent to the release of his or her medical records to a provider, settlement broker, or insurance producer and, if the policy was issued less than two years from the date of application for a settlement contract, to the insurance company that issued the policy.

Insurance Code 10113.3(h) (added by SB 98, 2009)

All medical information solicited or obtained by any licensee shall be subject to the applicable provision of state law relating to confidentiality of medical information, if not otherwise provided in this act.

Insurance Code 10113.3(s)(4)(added by S.B.98, 2009)

It is a fraudulent life settlement act and a violation for any person to fail to provide the disclosures or file the required reports with the commissioner as required.

Insurance Code 10117.5 (added by SB 587, 2001)

Disability insurer contracts cannot contain any provision that restricts health facilities' compliance with requirements to provide patients with access to their own health information.

Insurance Code 10123.135(g) (1999; amended by SB 662, 2001)

If a disability insurer requests medical information from health care service providers in order to determine whether to approve, modify, or deny requests for authorization, the insurer shall request only the information reasonably necessary to make the determination.

Insurance Code 10123.35 (1995; amended 1999)

Any person who willfully discloses genetic information that identifies the individual to a third party is liable for civil fines and a misdemeanor. Negligent disclosure is also subject to a civil fine payable to the test subject.