An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is:
(a) With the written authorization of the individual, and meets either of the conditions specified in paragraph (1) or (2):
(1) If the authorization is submitted by another insurance institution, agent, or insurance-support organization, the authorization meets the requirement of Section 791.06.
(2) If the authorization is submitted by a person other than an insurance institution, agent, or insurance-support organization, the authorization is:
(A) Dated.
(B) Signed by the individual.
(C) Obtained one year or less prior to the date a disclosure is sought pursuant to this section.
(b) To a person other than an insurance institution, agent, or insurance-support organization, provided the disclosure is reasonably necessary:
(1) To enable the person to perform a business, professional or insurance function for the disclosing insurance institution, agent, or insurance-support organization or insured and the person agrees not to disclose the information further without the individual’s written authorization unless the further disclosure:
(A) Would otherwise be permitted by this section if made by an insurance institution, agent, or insurance-support organization; or
(B) Is reasonably necessary for such person to perform its function for the disclosing insurance institution, agent, or insurance-support organization.
(2) To enable the person to provide information to the disclosing insurance institution, agent or insurance-support organization for the purpose of:
(A) Determining an individual’s eligibility for an insurance benefit or payment; or
(B) Detecting or preventing criminal activity, fraud, material misrepresentation or material nondisclosure in connection with an insurance transaction.
(c) To an insurance institution, agent, insurance-support organization or self-insurer, provided the information disclosed is limited to that which is reasonably necessary under either paragraph (1) or (2):
(1) To detect or prevent criminal activity, fraud, material misrepresentation or material nondisclosure in connection with insurance transactions; or
(2) For either the disclosing or receiving insurance institution, agent or insurance-support organization to perform its function in connection with an insurance transaction involving the individual.
(d) To a medical-care institution or medical professional for the purpose of any of the following:
(1) Verifying insurance coverage or benefits.
(2) Informing an individual of a medical problem of which the individual may not be aware.
(3) Conducting operations or services audit, provided only such information is disclosed as is reasonably necessary to accomplish the foregoing purposes.
(e) To an insurance regulatory authority; or
(f) To a law enforcement or other governmental authority pursuant to law.
(g) Otherwise permitted or required by law.
(h) In response to a facially valid administrative or judicial order, including a search warrant or subpoena.
(i) Made for the purpose of conducting actuarial or research studies, provided:
(1) No individual may be identified in any actuarial or research report.
(2) Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed.
(3) The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent or insurance-support organization.
(j) To a party or a representative of a party to a proposed or consummated sale, transfer, merger or consolidation of all or part of the business of the insurance institution, agent or insurance-support organization, provided:
(1) Prior to the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation.
(2) The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by an insurance institution, agent or insurance-support organization.
(k) To a person whose only use of the information will be in connection with the marketing of a product or service, provided:
(1) No medical-record information, privileged information, or personal information relating to an individual’s character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed; or
(2) The individual has been given an opportunity to indicate that he or she does not want personal information disclosed for marketing purposes and has given no indication that he or she does not want the information disclosed; and
(3) The person receiving such information agrees not to use it except in connection with the marketing of a product or service.
(l) To an affiliate whose only use of the information will be in connection with an audit of the insurance institution or agent or the marketing of an insurance product or service, provided the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons.
(m) By a consumer reporting agency, provided the disclosure is to a person other than an insurance institution or agent.
(n) To a group policyholder for the purpose of reporting claims experience or conducting an audit of the insurance institution’s or agent’s operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit.
(o) To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional.
(p) To a governmental authority for the purpose of determining the individual’s eligibility for health benefits for which the governmental authority may be liable.
(q) To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction.
(r) To a lienholder, mortgagee, assignee, lessor, or other person shown on the records of an insurance institution or agent as having a legal or beneficial interest in a policy of insurance. The information disclosed shall be limited to that which is reasonably necessary to permit the person to protect his or her interest in the policy and shall be consistent with Article 5.5 (commencing with Section 770).
(s) To an insured or the insured’s lawyer when the information disclosed is from an accident report, supplemental report, investigative report or the actual report from a government agency or is a copy of an accident report or other report which the insured is entitled to obtain under Section 20012 of the Vehicle Code or subdivision (f) of Section 6254 of the Government Code.
(Amended by Stats. 2009, Ch. 112, Sec. 1. (AB 470) Effective January 1, 2010.)
Last modified: October 25, 2018