Nev. Admin. Code § 679B.705

Current through April 30, 2024
Section 679B.705 - Access to recorded personal information
1. If any natural person, after providing proper identification, submits a request in writing to an insurance institution, agent or insurance-support organization for access to recorded personal information about the natural person which is reasonably described by the natural person and can be reasonably located and retrieved by the insurance institution, agent or insurance-support organization, the insurance institution, agent or insurance-support organization shall within 30 business days after the date the request is received:
(a) Inform the natural person of the nature and substance of the recorded personal information in writing, by telephone or by other oral communication, whichever the insurance institution, agent or insurance-support organization prefers.
(b) Permit the natural person to see and copy, in person, recorded personal information pertaining to him or her or to obtain a copy of the recorded personal information by mail, whichever the natural person prefers. If the recorded personal information is in coded form, an accurate translation in plain language must be provided in writing.
(c) Disclose to the natural person the identity, if recorded, of those persons to whom the insurance institution, agent or insurance-support organization has disclosed the personal information within the preceding 2 years before receiving the request, and if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations or other persons to whom the information is normally disclosed.
(d) Provide the natural person with a summary of the procedures by which he or she may request a correction, amendment or deletion of the recorded personal information.
2. Any personal information provided pursuant to subsection 1 must identify the source of the information if the source is an institutional source.
3. Medical record information supplied by a medical care institution or medical professional which is requested pursuant to subsection 1, and the identity of the medical professional or medical care institution which provided the information, must be supplied either directly to the natural person or to a medical professional designated by the natural person and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurance institution, agent or insurance-support organization prefers. If the information is disclosed to a medical professional designated by the natural person, the insurance institution, agent or insurance-support organization shall notify the natural person, at the time of the disclosure, that it has provided the information to the medical professional.
4. Except for personal information provided under NAC 679B.715, an insurance institution, agent or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to natural persons.
5. The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request made under subsection 1, an insurance institution, agent or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.
6. The rights granted by this section extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent or insurance-support organization in connection with an insurance transaction. The rights granted do not extend to information collected in connection with or in reasonable anticipation of a claim or a civil or criminal proceeding involving them.
7. For the purposes of this section, the term "insurance-support organization" does not include a consumer reporting agency except to the extent this section imposes more stringent requirements on a consumer reporting agency than any state or federal law.

Nev. Admin. Code § 679B.705

Added to NAC by Comm'r of Insurance, eff. 10-4-88

NRS 679B.130