Section 321. Medical information exchange centers  


Latest version.
  • (a)  Whenever  any
      insurance company (which is a member of a medical  information  exchange
      center  or  which otherwise may transmit medical information in whatever
      manner to any other similar facility including but  not  limited  to  an
      electronic  data  facility  used  by  two or more insurance companies to
      determine or aid in determining the insurability of applicants) requests
      medical information from any applicant for personal insurance, it  shall
      not  transmit,  nor  be  considered  to  have  obtained  the applicant's
      informed consent to transmit,  the  information  to  any  such  facility
      unless   such   company  furnishes  such  applicant  with  a  clear  and
      conspicuous notice disclosing:
        (1) a description of such facility and its operations,  including  its
      name,  address and telephone number where it may be contacted to request
      disclosure of any medical information transmitted to it;
        (2) the circumstances under  which  such  facility  may  release  such
      medical information to other persons; and
        (3)  such  applicant's  rights  to  request  such  facility to arrange
      disclosure of the nature and substance of any information in  its  files
      pertaining  to  him,  and  to  seek  correction  of  any inaccuracies or
      incompleteness of such information.
        (b) Such notice shall be given to all applicants when any  application
      for personal insurance is completed.
        (c)  No such facility shall release, transmit or otherwise communicate
      any medical information it may have to  any  other  person  unless  such
      other person shall have in its possession a written instrument signed by
      the  person who is the subject of medical information (or by a parent or
      guardian if such subject is a minor) specifically naming  such  facility
      and  authorizing  such  other  person to obtain such medical information
      from such facility.
        (d) No such facility shall maintain information about HIV related test
      results pertaining to  any  individual  unless  such  test  results  are
      included  within a general code, which code is not designated solely for
      HIV related test results, and concerning which code no  member  of  such
      facility  may request from such facility details sufficient to determine
      whether the code was used to maintain information about HIV related test
      results.
        For purposes of this subsection,  an  "HIV  related  test"  means  any
      laboratory  test  or series of tests for any virus, antibody, antigen or
      etiologic agent whatsoever thought to cause or to indicate the  presence
      of AIDS.