Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 321
Medical information exchange centers
Insurance (ISC) CHAPTER 28, ARTICLE 3
§ 321. Medical information exchange centers. (a) Whenever any
insurance company (which is a member of a medical information exchange
center or which otherwise may transmit medical information in whatever
manner to any other similar facility including but not limited to an
electronic data facility used by two or more insurance companies to
determine or aid in determining the insurability of applicants) requests
medical information from any applicant for personal insurance, it shall
not transmit, nor be considered to have obtained the applicant's
informed consent to transmit, the information to any such facility
unless such company furnishes such applicant with a clear and
conspicuous notice disclosing:

(1) a description of such facility and its operations, including its
name, address and telephone number where it may be contacted to request
disclosure of any medical information transmitted to it;

(2) the circumstances under which such facility may release such
medical information to other persons; and

(3) such applicant's rights to request such facility to arrange
disclosure of the nature and substance of any information in its files
pertaining to him, and to seek correction of any inaccuracies or
incompleteness of such information.

(b) Such notice shall be given to all applicants when any application
for personal insurance is completed.

(c) No such facility shall release, transmit or otherwise communicate
any medical information it may have to any other person unless such
other person shall have in its possession a written instrument signed by
the person who is the subject of medical information (or by a parent or
guardian if such subject is a minor) specifically naming such facility
and authorizing such other person to obtain such medical information
from such facility.

(d) No such facility shall maintain information about HIV related test
results pertaining to any individual unless such test results are
included within a general code, which code is not designated solely for
HIV related test results, and concerning which code no member of such
facility may request from such facility details sufficient to determine
whether the code was used to maintain information about HIV related test
results.

For purposes of this subsection, an "HIV related test" means any
laboratory test or series of tests for any virus, antibody, antigen or
etiologic agent whatsoever thought to cause or to indicate the presence
of AIDS.