Utah Admin. Code 590-206-18

Current through Bulletin 2024-19, October 1, 2024
Section R590-206-18 - Required Authorization for Disclosure of Nonpublic Personal Health Information
(1) A licensee may not disclose nonpublic personal health information about a consumer or customer unless an authorization is obtained from the consumer or customer before the disclosure.
(2) This Section R590-206-18 does not prohibit, restrict, or require an authorization for the disclosure of nonpublic personal health information by a licensee for the performance of the following:
(a) claims administration, adjustment, or management;
(b) detecting, investigating, or reporting fraud, misrepresentation, or criminal activity;
(c) underwriting;
(d) policy placement or issuance;
(e) loss control;
(f) ratemaking or guaranty fund functions;
(g) reinsurance or excess loss insurance; (h) risk management;
(i) case management;
(j) disease management;
(k) quality assurance or quality improvement;
(l) performance evaluation;
(m) provider credentialing verification;
(n) utilization review;
(o) peer review activities;
(p) actuarial, scientific, medical, or public policy research;
(q) grievance procedures;
(r) internal administration of compliance, managerial, or information systems;
(s) policyholder service functions;
(t) auditing;
(u) reporting;
(v) database security;
(w) administration of consumer disputes and inquiries;
(x) external accreditation standards;
(y) replacement of a group benefit plan or workers compensation policy or program;
(z) activities in connection with a sale, merger, transfer, or exchange of all or part of a business or operating unit;
(aa) an activity that permits disclosure without authorization pursuant to the Health Insurance Portability and Accountability Act;
(bb) disclosure that is required to enforce a licensee's rights or the rights of other persons engaged in carrying out a transaction or providing a product or service that a consumer requests or authorizes; and
(cc) an activity permitted by law, required by a governmental reporting authority, or to comply with legal process.

Utah Admin. Code R590-206-18

Amended by Utah State Bulletin Number 2017-15, effective 7/11/2017
Adopted by Utah State Bulletin Number 2023-23, effective 11/21/2023