§ 38.2-608. Access to recorded personal information.
A. If any individual, after proper identification, submits a written requestto an insurance institution, agent, or insurance-support organization foraccess to recorded personal information about the individual that isreasonably described by the individual and reasonably able to be located andretrieved by the insurance institution, agent, or insurance-supportorganization, the insurance institution, agent, or insurance-supportorganization shall within 30 business days from the date the request isreceived:
1. Inform the individual of the nature and substance of the recorded personalinformation in writing, by telephone, or by other oral communication,whichever the insurance institution, agent, or insurance-support organizationprefers;
2. Permit the individual to see and copy, in person, the recorded personalinformation pertaining to him or to obtain a copy of the recorded personalinformation by mail, whichever the individual prefers, unless the recordedpersonal information is in coded form, in which case an accurate translationin plain language shall be provided in writing;
3. Disclose to the individual the identity, if recorded, of those persons towhom the insurance institution, agent, or insurance-support organization hasdisclosed the personal information within two years prior to such request,and if the identity is not recorded, the names of those insuranceinstitutions, agents, insurance-support organizations or other persons towhom such information is normally disclosed; and
4. Provide the individual with a summary of the procedures by which he mayrequest correction, amendment, or deletion of recorded personal information.
B. Any personal information provided pursuant to subsection A of this sectionshall identify the source of the information if it is an institutional source.
C. Medical-record information supplied by a medical-care institution ormedical professional and requested under subsection A of this section,together with the identity of the medical professional or medical careinstitution that provided the information, shall be supplied either directlyto the individual or to a medical professional designated by the individualand licensed to provide medical care with respect to the condition to whichthe information relates, whichever the individual prefers. If the individualelects to have the information disclosed to a medical professional designatedby him, the insurance institution, agent or insurance-support organizationshall notify the individual, at the time of the disclosure, that it hasprovided the information to the medical professional.
However, disclosure directly to the individual may be denied if a treatingphysician or treating clinical psychologist has determined, in the exerciseof professional judgment, that the disclosure requested would be reasonablylikely to endanger the life or physical safety of the individual or anotherperson or that the information requested makes reference to a person otherthan a health care provider and disclosure of such information would bereasonably likely to cause substantial harm to the referenced person.
If disclosure to the individual is denied, upon the individual's request, theinsurance institution, agent or insurance support organization shall either(i) designate a physician or clinical psychologist acceptable to theinsurance institution, agent or insurance support organization, who was notdirectly involved in the denial, and whose licensure, training, andexperience relative to the individual's condition are at least equivalent tothat of the physician or clinical psychologist who made the originaldetermination, who shall, at the expense of the insurance institution, agentor insurance support organization, make a judgment as to whether to make theinformation available to the individual; or (ii) if the individual sorequests, make the information available, at the individual's expense to aphysician or clinical psychologist selected by the individual, whoselicensure, training and experience relative to the individual's condition areat least equivalent to that of the physician or clinical psychologist whomade the original determination, who shall make a judgment as to whether tomake the information available to the individual. The insurance institution,agent, or insurance support organization shall comply with the judgment ofthe reviewing physician or clinical psychologist made in accordance with theforegoing procedures.
D. Except for personal information provided under § 38.2-610, an insuranceinstitution, agent, or insurance-support organization may charge a reasonablefee to cover the costs incurred in providing a copy of recorded personalinformation to individuals.
E. The obligations imposed by this section upon an insurance institution oragent may be satisfied by another insurance institution or agent authorizedto act on its behalf. With respect to the copying and disclosure of recordedpersonal information pursuant to a request under subsection A of thissection, an insurance institution, agent, or insurance-support organizationmay make arrangements with an insurance-support organization or a consumerreporting agency to copy and disclose recorded personal information on itsbehalf.
F. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
G. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
(1981, c. 389, § 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014.)
§ 38.2-608. Access to recorded personal information.
A. If any individual, after proper identification, submits a written requestto an insurance institution, agent, or insurance-support organization foraccess to recorded personal information about the individual that isreasonably described by the individual and reasonably able to be located andretrieved by the insurance institution, agent, or insurance-supportorganization, the insurance institution, agent, or insurance-supportorganization shall within 30 business days from the date the request isreceived:
1. Inform the individual of the nature and substance of the recorded personalinformation in writing, by telephone, or by other oral communication,whichever the insurance institution, agent, or insurance-support organizationprefers;
2. Permit the individual to see and copy, in person, the recorded personalinformation pertaining to him or to obtain a copy of the recorded personalinformation by mail, whichever the individual prefers, unless the recordedpersonal information is in coded form, in which case an accurate translationin plain language shall be provided in writing;
3. Disclose to the individual the identity, if recorded, of those persons towhom the insurance institution, agent, or insurance-support organization hasdisclosed the personal information within two years prior to such request,and if the identity is not recorded, the names of those insuranceinstitutions, agents, insurance-support organizations or other persons towhom such information is normally disclosed; and
4. Provide the individual with a summary of the procedures by which he mayrequest correction, amendment, or deletion of recorded personal information.
B. Any personal information provided pursuant to subsection A of this sectionshall identify the source of the information if it is an institutional source.
C. Medical-record information supplied by a medical-care institution ormedical professional and requested under subsection A of this section,together with the identity of the medical professional or medical careinstitution that provided the information, shall be supplied either directlyto the individual or to a medical professional designated by the individualand licensed to provide medical care with respect to the condition to whichthe information relates, whichever the individual prefers. If the individualelects to have the information disclosed to a medical professional designatedby him, the insurance institution, agent or insurance-support organizationshall notify the individual, at the time of the disclosure, that it hasprovided the information to the medical professional.
However, disclosure directly to the individual may be denied if a treatingphysician or treating clinical psychologist has determined, in the exerciseof professional judgment, that the disclosure requested would be reasonablylikely to endanger the life or physical safety of the individual or anotherperson or that the information requested makes reference to a person otherthan a health care provider and disclosure of such information would bereasonably likely to cause substantial harm to the referenced person.
If disclosure to the individual is denied, upon the individual's request, theinsurance institution, agent or insurance support organization shall either(i) designate a physician or clinical psychologist acceptable to theinsurance institution, agent or insurance support organization, who was notdirectly involved in the denial, and whose licensure, training, andexperience relative to the individual's condition are at least equivalent tothat of the physician or clinical psychologist who made the originaldetermination, who shall, at the expense of the insurance institution, agentor insurance support organization, make a judgment as to whether to make theinformation available to the individual; or (ii) if the individual sorequests, make the information available, at the individual's expense to aphysician or clinical psychologist selected by the individual, whoselicensure, training and experience relative to the individual's condition areat least equivalent to that of the physician or clinical psychologist whomade the original determination, who shall make a judgment as to whether tomake the information available to the individual. The insurance institution,agent, or insurance support organization shall comply with the judgment ofthe reviewing physician or clinical psychologist made in accordance with theforegoing procedures.
D. Except for personal information provided under § 38.2-610, an insuranceinstitution, agent, or insurance-support organization may charge a reasonablefee to cover the costs incurred in providing a copy of recorded personalinformation to individuals.
E. The obligations imposed by this section upon an insurance institution oragent may be satisfied by another insurance institution or agent authorizedto act on its behalf. With respect to the copying and disclosure of recordedpersonal information pursuant to a request under subsection A of thissection, an insurance institution, agent, or insurance-support organizationmay make arrangements with an insurance-support organization or a consumerreporting agency to copy and disclose recorded personal information on itsbehalf.
F. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
G. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
(1981, c. 389, § 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014.)
§ 38.2-608. Access to recorded personal information.
A. If any individual, after proper identification, submits a written requestto an insurance institution, agent, or insurance-support organization foraccess to recorded personal information about the individual that isreasonably described by the individual and reasonably able to be located andretrieved by the insurance institution, agent, or insurance-supportorganization, the insurance institution, agent, or insurance-supportorganization shall within 30 business days from the date the request isreceived:
1. Inform the individual of the nature and substance of the recorded personalinformation in writing, by telephone, or by other oral communication,whichever the insurance institution, agent, or insurance-support organizationprefers;
2. Permit the individual to see and copy, in person, the recorded personalinformation pertaining to him or to obtain a copy of the recorded personalinformation by mail, whichever the individual prefers, unless the recordedpersonal information is in coded form, in which case an accurate translationin plain language shall be provided in writing;
3. Disclose to the individual the identity, if recorded, of those persons towhom the insurance institution, agent, or insurance-support organization hasdisclosed the personal information within two years prior to such request,and if the identity is not recorded, the names of those insuranceinstitutions, agents, insurance-support organizations or other persons towhom such information is normally disclosed; and
4. Provide the individual with a summary of the procedures by which he mayrequest correction, amendment, or deletion of recorded personal information.
B. Any personal information provided pursuant to subsection A of this sectionshall identify the source of the information if it is an institutional source.
C. Medical-record information supplied by a medical-care institution ormedical professional and requested under subsection A of this section,together with the identity of the medical professional or medical careinstitution that provided the information, shall be supplied either directlyto the individual or to a medical professional designated by the individualand licensed to provide medical care with respect to the condition to whichthe information relates, whichever the individual prefers. If the individualelects to have the information disclosed to a medical professional designatedby him, the insurance institution, agent or insurance-support organizationshall notify the individual, at the time of the disclosure, that it hasprovided the information to the medical professional.
However, disclosure directly to the individual may be denied if a treatingphysician or treating clinical psychologist has determined, in the exerciseof professional judgment, that the disclosure requested would be reasonablylikely to endanger the life or physical safety of the individual or anotherperson or that the information requested makes reference to a person otherthan a health care provider and disclosure of such information would bereasonably likely to cause substantial harm to the referenced person.
If disclosure to the individual is denied, upon the individual's request, theinsurance institution, agent or insurance support organization shall either(i) designate a physician or clinical psychologist acceptable to theinsurance institution, agent or insurance support organization, who was notdirectly involved in the denial, and whose licensure, training, andexperience relative to the individual's condition are at least equivalent tothat of the physician or clinical psychologist who made the originaldetermination, who shall, at the expense of the insurance institution, agentor insurance support organization, make a judgment as to whether to make theinformation available to the individual; or (ii) if the individual sorequests, make the information available, at the individual's expense to aphysician or clinical psychologist selected by the individual, whoselicensure, training and experience relative to the individual's condition areat least equivalent to that of the physician or clinical psychologist whomade the original determination, who shall make a judgment as to whether tomake the information available to the individual. The insurance institution,agent, or insurance support organization shall comply with the judgment ofthe reviewing physician or clinical psychologist made in accordance with theforegoing procedures.
D. Except for personal information provided under § 38.2-610, an insuranceinstitution, agent, or insurance-support organization may charge a reasonablefee to cover the costs incurred in providing a copy of recorded personalinformation to individuals.
E. The obligations imposed by this section upon an insurance institution oragent may be satisfied by another insurance institution or agent authorizedto act on its behalf. With respect to the copying and disclosure of recordedpersonal information pursuant to a request under subsection A of thissection, an insurance institution, agent, or insurance-support organizationmay make arrangements with an insurance-support organization or a consumerreporting agency to copy and disclose recorded personal information on itsbehalf.
F. The rights granted to individuals in this section shall extend to allnatural persons to the extent information about them is collected andmaintained by an insurance institution, agent or insurance-supportorganization in connection with an insurance transaction. The rights grantedto all natural persons by this subsection shall not extend to informationabout them that relates to and is collected in connection with or inreasonable anticipation of a claim or civil or criminal proceeding involvingthem.
G. For purposes of this section, the term "insurance-support organization"does not include "consumer reporting agency."
(1981, c. 389, § 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014.)
