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HB 819 - Insurance; certain medical information; confidentiality

Stephens, Ron (150th)	Heard, Keith G (89th)	Martin, James L (145th)

Status Summary	HC:	Judy	SC:	I&L	FR:	03/01/99	LA:	01/10/00	S - Read 3rd Time ( ) (Sub )

First Reader Summary

A BILL to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for confidentiality of patients' medical information obtained by insurers from pharmacies or pharmacists; to prohibit release of such information to third parties without patient consent; and for other purposes.

Code Sections - 33-24-59.4

HB 819                                            LC 25 1415S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 1 of Chapter 24 of Title 33 of the Official 
  1- 2  Code of Georgia Annotated, relating to insurance generally, 
  1- 3  so as to provide for confidentiality of patients' medical 
  1- 4  information obtained by insurers from pharmacies or 
  1- 5  pharmacists; to prohibit release of such information to 
  1- 6  third parties without patient consent; to define a term; to 
  1- 7  provide a penalty for violations; to repeal conflicting 
  1- 8  laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Article 1 of Chapter 24 of Title 33 of the Official Code of 
  1-12  Georgia Annotated, relating to insurance generally, is 
  1-13  amended by adding a new Code Section 33-24-59.4 to read as 
  1-14  follows: 
 
  1-15    "33-24-59.4. 
 
  1-16    (a) As used in this Code section, the term 'insurer' means 
  1-17    an accident and sickness insurer, fraternal benefit 
  1-18    society, nonprofit hospital service corporation, nonprofit 
  1-19    medical service corporation, health care corporation, 
  1-20    health maintenance organization, provider sponsored health 
  1-21    care corporation, or the plan administrator of any health 
  1-22    benefit plan established pursuant to Article 1 of Chapter 
  1-23    18 of Title 45; and such term includes any entity which 
  1-24    administrates or processes claims on behalf of any of the 
  1-25    foregoing. 
 
  1-26    (b) Any medical information concerning a patient that was 
  1-27    obtained by or released to an insurer from a pharmacy or 
  1-28    pharmacist shall be confidential and privileged and may be 
  1-29    released by such insurer to a third party for 
  1-30    consideration only if such release is specifically 
  1-31    authorized by such patient, or, in the case of a minor, 
  1-32    his or her parent or guardian.  Any insurer possessing 
  1-33    patient medical information which was obtained from a 
  1-34    pharmacy or pharmacist shall not release such information 
 
 
                                 -1- 
 
 
 
  2- 1    for consideration to any third party without the explicit 
  2- 2    written consent of the patient, or, in the case of a 
  2- 3    minor, his or her parent or guardian, which consent was 
  2- 4    obtained after written notice by the insurer to such 
  2- 5    patient, parent, or guardian of the purpose of such 
  2- 6    release, the party or parties to whom the information will 
  2- 7    be released, and any consideration paid or to be paid to 
  2- 8    the insurer for such information. 
 
  2- 9    (c) The provisions of subsection (b) of this Code section 
  2-10    shall not prohibit the release of medical information by 
  2-11    an insurer to a third party for purposes of appropriate 
  2-12    medical research without notice to or the written consent 
  2-13    of a patient, parent, or guardian for such release, 
  2-14    provided that such released information does not provide 
  2-15    any information that identifies a patient, prescriber, 
  2-16    pharmacy, or pharmacist, including without limitation any 
  2-17    name, address, or telephone number of a patient, 
  2-18    prescriber, pharmacy, or pharmacist. 
 
  2-19    (d) Violation of this Code section by any insurer to which 
  2-20    any license or certificate of authority has been issued 
  2-21    under this title shall be ground for revocation of such 
  2-22    license or certificate of authority." 
 
  2-23                           SECTION 2. 
 
  2-24  All laws and parts of laws in conflict with this Act are 
  2-25  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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