Section 3 AAC 26.680 - Disclosure of nonpublic personal health information(a) Except as provided in (b) of this section or in 3 AAC 26.695(a), a licensee may not disclose nonpublic personal health information about a consumer unless authorization that complies with 3 AAC 26.685 is obtained from the consumer whose nonpublic personal health information the licensee seeks to disclose.(b) A licensee may disclose a consumer's nonpublic personal health information without obtaining authorization from the consumer if the disclosure is (1) required by federal or state law or regulation or is otherwise allowed by law;(2) in response to an order issued by a governmental regulatory authority with jurisdiction over a licensee for examination, investigation, compliance, or other purposes authorized by law;(3) compelled by a subpoena, search warrant, or other order issued by a court or administrative agency of competent jurisdiction;(4) for detection, investigation, or reporting of fraud, misrepresentation, or another violation of law;(5) for the performance of the following insurance functions by or on behalf of the licensee: (A) claims administration;(B) claims adjustment or management;(D) policy placement or issuance;(G) guaranty fund functions;(H) reinsurance, stop-loss insurance, or excess loss insurance;(L) quality assurance or improvement;(M) performance evaluation;(N) verification of provider credentials;(P) peer review activities;(Q) actuarial, scientific, medical, or public policy research;(R) grievance procedures;(S) internal administration of compliance, managerial, and information systems;(T) policyholder service functions;(X) administration of consumer disputes and inquiries;(Y) external accreditation standards;(Z) replacement of a group benefit plan or workers' compensation policy or program;(AA) activities in connection with the sale, merger, transfer, or exchange of all or part of a business or operating unit;(6) required to enforce the licensee's rights or the rights of other licensees engaged in carrying out an insurance transaction or providing an insurance product or service that a consumer or customer requests or authorizes; or(7) allowed without requiring authorization under 45 C.F.R. Parts 160 and 164.Eff. 1/1/2005, Register 172In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.162 as AS 21.36.510. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.680, so that the citation to former AS 21.36.162 now refers to the renumbered statute, AS 21.36.510.
Authority:AS 21.06.090
AS 21.36.510