Sec. 38a-981. (Formerly Sec. 38-506). Content of disclosure authorization forms. Disclosure of health benefits to exclusive bargaining agent or subgroup of a multi-bargaining-unit group.
Sec. 38a-981. (Formerly Sec. 38-506). Content of disclosure authorization
forms. Disclosure of health benefits to exclusive bargaining agent or subgroup
of a multi-bargaining-unit group. (a) Notwithstanding any provision of the general
statutes to the contrary, no insurance institution, agent or insurance-support organization
may utilize as its disclosure authorization form in connection with insurance transactions, a form or statement which authorizes the disclosure of personal or privileged
information concerning an individual to an insurance institution, agent, or insurance-support organization unless the form or statement: (1) Is written in plain language substantially complying with the tests enumerated in subsection (b) of section 42-152; (2)
is dated; (3) specifies the types of persons authorized to disclose information concerning
the individual; (4) specifies the nature of the information authorized to be disclosed;
(5) identifies the insurance institution or agent and the types of representatives of the
insurance institution to whom the individual has authorized the information to be disclosed; (6) specifies the purposes for which the information is collected; (7) specifies
the length of time such authorization shall remain valid, which shall be no longer than:
(A) In the case of authorizations signed for the purpose of collecting information in
connection with an application for an insurance policy, a policy reinstatement or a request for a change in policy benefits: (i) Thirty months from the date the authorization
is signed if the application or request involves life, health or disability insurance, (ii)
one year from the date the authorization is signed if the application or request involves
property or casualty insurance, (B) in the case of authorizations signed for the purpose
of collecting information in connection with a claim for benefits under an insurance
policy: (i) The term of coverage of the policy if the claim involves a health insurance
benefit, (ii) the duration of the claim if it involves an insurance benefit which is not a
health insurance benefit; (8) advises the individual or a person authorized to act on his
behalf that he is entitled to receive a copy of the authorization form.
(b) (1) An insurance institution or a third-party administrator providing insurance
or administrative services with respect to an employer's employee benefit plan which
provides its employees with health benefits shall, upon written request of an exclusive
bargaining agent for such employees, provide such bargaining agent with information
regarding description of health benefits available to such employees, claim experience
regarding such benefits and the cost to the employer for such coverage or administrative
services, as the case may be, for employees in the bargaining unit represented by such
bargaining agent. If such employees constitute a subgroup of a multi-bargaining-unit
group, the information provided by the insurance institution or administrator shall, upon
written request of the exclusive bargaining agent for the subgroup, include a description
of available health benefits, claim experience regarding such benefits and the cost to
the employer for such coverage or administrative services, as the case may be, for the
entire multi-bargaining-unit group or for subgroups within the multi-bargaining-unit
group. A copy of such information shall be provided at the same time to the employer
by the insurance institution or administrator. Such information shall be made available
to the bargaining agent and the employer only if the bargaining agent agrees in writing
to pay all reasonable costs, as determined by the insurance institution or administrator,
that are incurred by the insurance institution or administrator in developing and distributing the information. The information provided to such agent shall relate to the group of
employees as a whole and shall not include any information relating to specific individuals. No requests made pursuant to this subdivision may seek information which relates
to a period of time more than twenty-four months prior to the date such request was
made.
(2) Prior to providing any information pursuant to subdivision (1) of this subsection,
an insurance institution or third-party administrator may require the bargaining agent
requesting such information to provide evidence in writing that such bargaining agent
is currently designated or certified by the proper state or federal authority as the exclusive
bargaining representative or agent of the employees who are the subject of the request.
(3) The provisions of this subsection shall not apply to employees participating in
an employee welfare benefit plan subject to the provisions of Title I of the Employee
Retirement Income Security Act of 1974 (ERISA), Public Law 93-406, as amended
from time to time, or to the exclusive bargaining agents of such employees.
(P.A. 81-368, S. 7, 25; P.A. 82-21, S. 1; P.A. 92-104; P.A. 03-119, S. 3; P.A. 04-10, S. 13; 04-257, S. 65.)
History: P.A. 82-21 replaced the readable language standards of Sec. 38-68u with those of Sec. 42-152(b) and made
several technical corrections; Sec. 38-506 transferred to Sec. 38a-981 in 1991; P.A. 92-104 divided the section into Subsecs.,
added a provision requiring an insurer who provides health benefits to provide bargaining agents with information re
description of the health benefits being offered to employees, claim experience re such benefits and the employer's cost
for the coverage provided such coverage relates to the group as a whole and not to specific individuals if bargaining agent
agrees to compensate the insurer for reasonable costs of providing such information; (Revisor's note: In 2001 the internal
alphabetic and numeric indicators in Subsec. (a) were changed editorially by the Revisors for consistency with customary
statutory usage); P.A. 03-119 amended Subsec. (b)(1) to allow disclosure to a subgroup of a multi-bargaining-unit group;
P.A. 04-10, effective October 1, 2004, and P.A. 04-257, effective June 14, 2004, both made identical technical change in
Subsec. (b)(1) and (3).