38.2-606 - Content of disclosure authorization forms.
§ 38.2-606. Content of disclosure authorization forms.
Notwithstanding any other provision of law of this Commonwealth, no insuranceinstitution, agent, or insurance-support organization shall utilize as itsdisclosure authorization form in connection with insurance transactionsinvolving insurance policies or contracts issued after January 1, 1982, aform or statement that authorizes the disclosure of personal or privilegedinformation about an individual to the insurance institution, agent, orinsurance-support organization unless the form or statement:
1. Is written in plain language;
2. Is dated;
3. Specifies the types of persons authorized to disclose information aboutthe individual;
4. Specifies the nature of the information authorized to be disclosed;
5. Names the insurance institution or agent and identifies by genericreference representatives of the insurance institution to whom the individualis authorizing 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, whichshall be no longer than:
a. In the case of authorizations signed for the purpose of collectinginformation in connection with an application for an insurance policy, apolicy reinstatement, or a request for change in policy benefits:
(1) Thirty months from the date the authorization is signed if theapplication or request involves life, accident and sickness, or disabilityinsurance; or
(2) Two years from the date the authorization is signed if the application orrequest involves property or casualty insurance;
b. In the case of authorizations signed for the purpose of collectinginformation in connection with a claim for benefits under an insurance policy:
(1) The term of coverage of the policy if the claim is for an accident andsickness insurance benefit; or
(2) The duration of the claim if the claim is not for an accident andsickness insurance benefit; and
8. Advises the individual or a person authorized to act on behalf of theindividual that the individual or the individual's authorized representativeis entitled to receive a copy of the authorization form.
(1981, c. 389, § 38.1-57.9; 1986, c. 562; 2001, c. 371.)