31A-21-504 - Investigation -- Use of information used -- Disclosure.
31A-21-504. Investigation -- Use of information used -- Disclosure.
(1) An insurer may not ask an insured or applicant or use any other means to determinewhether the insured or applicant is the subject of domestic abuse.
(2) If an insured or applicant voluntarily discloses to the insurer or to the insured's orapplicant's treating physician that the insured or applicant or a member of the insured's orapplicant's household is the subject of domestic abuse, an insurer may not use the information ofdomestic violence or child abuse in violation of this part.
(3) (a) An insurer may not disclose or transfer information to a third party relating towhether a specifically identifiable insured or applicant is the subject of domestic abuse unless theinformation:
(i) is required to be disclosed by the commissioner;
(ii) is required to be disclosed by a court of competent jurisdiction;
(iii) is necessary for the direct provision of health care services;
(iv) is permitted to be disclosed to an authorized agency under Chapter 31, InsuranceFraud Act;
(v) is required to be disclosed by abuse reporting laws; or
(vi) is authorized to be disclosed by the written consent of the individual who is thesubject of domestic abuse, if that person is at least 18 years old.
(b) Subsection (3)(a) may not prevent an insured or applicant from obtaining the insured'sor applicant's own medical or insurance records.
(c) Disclosure of information permitted under Subsection (3)(a) is subject to any state orfederal law related to the confidentiality of medical information.
(d) For purposes of Subsection (3)(a), "third party" does not include an insurer'semployees, agents, or contractors who are engaged in the insurer's necessary business operation.
(4) This section may not be construed to prohibit an insurer from:
(a) asking an applicant or insured about a medical condition, even if the condition isrelated to domestic violence or child abuse;
(b) using information obtained under Subsection (4)(a) for the purpose of actions orpractices permitted under this part.
Enacted by Chapter 132, 1997 General Session