17:48F-28 Confidentiality of data, information.
28.Any data or information relating to the diagnosis, treatment or health of an enrollee or prospective enrollee obtained by a prepaid prescription service organization from the contract holder, enrollee, prospective enrollee or any provider shall be confidential and shall not be disclosed to any person except:
a.To the extent that it may be necessary to carry out the purposes of this act;
b.Upon the express consent of the enrollee or prospective enrollee;
c.Pursuant to statute or court order for the production of evidence or the discovery thereof; or
d.In the event of a claim or litigation between an enrollee or a prospective enrollee and the organization wherein such data or information is relevant. An organization shall be entitled to claim any statutory privilege against disclosure which the provider who furnished the information to the organization is entitled to claim.
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Last modified: October 11, 2016