§ 58-39-35. Content of disclosure authorization forms.
§ 58‑39‑35. Content of disclosure authorization forms.
Notwithstanding any otherprovision of law of this State, no insurance institution, agent, or insurance‑supportorganization shall utilize as its disclosure authorization form in connectionwith insurance transactions involving insurance policies or contracts issuedafter July 1, 1982, a form or statement that authorizes the disclosure ofpersonal or privileged information about an individual to the insuranceinstitution, agent, or insurance‑support organization unless the form orstatement:
(1) Complies with theprovisions of Article 38 of this Chapter;
(2) Is dated;
(3) Specifies the typesof persons authorized to disclose information about the individual;
(4) Specifies the natureof the information authorized to be disclosed;
(5) Names the insuranceinstitution or agent and identifies by generic reference representatives of theinsurance institution to whom the individual is authorizing information to bedisclosed;
(6) Specifies thepurposes for which the information is collected;
(7) Specifies the lengthof time such authorization shall remain valid, which shall be no longer than:
a. In the case ofauthorizations signed for the purpose of collecting information in connectionwith an application for an insurance policy, a policy reinstatement, or arequest for change in policy benefits:
1. Thirty months fromthe date the authorization is signed if the application or request involveslife, health, or disability insurance; or
2. One year from thedate the authorization is signed if the application or request involvesproperty or casualty insurance;
b. In the case ofauthorizations signed for the purpose of collecting information in connectionwith a claim for benefits under an insurance policy:
1. The term of coverageof the policy if the claim is for a health insurance benefit; or
2. The duration of theclaim if the claim is not for a health insurance benefit; and
(8) Advises theindividual or a person authorized to act on behalf of the individual that theindividual or the individual's authorized representative is entitled to receivea copy of the authorization form. (1981, c. 846, s. 1; c. 1127, s. 56; 2003‑262,s. 2(1).)