Mass. Gen. Laws ch. 175I, sec. 8 — MA Code / Part I / Title XXII / Chapter 175I / Section 8
Recorded personal information; medical record information; disclosure; fees
Status: in_force

Section 8. (a) An insurance institution, insurance representative or insurance-support organization shall make any personal information collected or maintained in connection with an insurance transaction in its possession or control available to the individual to whom it refers, or to the authorized representative of such individual, as provided in this section. (b) If any individual, after identification, submits a written request to an insurance institution, insurance representative or insurance-support organization for access to recorded personal information about such individual which is reasonably described by such individual and reasonably locatable and retrievable by the insurance institution, insurance representative or insurance-support organization, the insurance institution, insurance representative or insurance-support organization shall within thirty business days from the date such request is received: (1) either provide such individual with a copy of such recorded personal information or inform such individual of the nature and substance of such recorded personal information in writing; (2) permit such individual to see and copy, in person, such recorded personal information or to obtain a copy of such recorded personal information by mail, whichever the individual prefers, unless such recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing; (3) disclose to such individual the identity, if recorded, of any person to whom the insurance institution, insurance representative or insurance-support organization has disclosed such personal information within two years prior to such request, and if such identity is not recorded, the names of insurance institutions, insurance representatives, insurance-support organizations or other persons to whom such information is normally disclosed; and (4) provide such individual with a summary of the procedures by which such individual may request correction, amendment or deletion of recorded personal information. (c) Any personal information provided pursuant to subsection (b) shall contain the name or identify the source, except that a source that is a natural person acting in a personal capacity need not be revealed if such confidentiality was specifically promised. (d) Medical record information supplied by a medical care institution or medical professional and requested under subsection (b), together with the identity of the medical professional or medical care institution which provided such information, shall be supplied either directly to the individual or to a medical professional designated by such individual and licensed to provide medical care with respect to the condition to which the information relates, whichever such individual prefers. Mental health record information shall be supplied directly to such individual, pursuant to this section, only with the approval of the qualified professional person with treatment responsibility for the condition to which the information relates or another equally qualified mental health professional. Upon release of any medical or mental health record information to a medical professional designated by such individual, the insurance institution, insurance representative or insurance-support organization shall notify such individual, at the time of the disclosure, that it has provided the information to the medical professional. (e) Except for personal information provided under section ten, an insurance institution, insurance representative or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to an individual but no other fee may be charged. (f) The obligations imposed by this section upon an insurance institution or insurance representative may be satisfied by another insurance institution or insurance representative authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (b), an insurance institution, insurance representative 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 so long as the insurance-support organization or consumer reporting agency has established and maintains procedures for maintenance of records to assure confidentiality. (g) The rights granted to an individual in this section shall extend to a natural person to the extent information about such person is collected and maintained by an insurance institution, insurance representative or insurance-support organization in connection with an insurance transaction. The rights granted to a natural person by this subsection shall not extend to information about such person that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving such person. (h) For the purpose of this section, the term ''insurance support organization'' shall not include ''consumer reporting agency''.

Section 8. (a) An insurance institution, insurance representative or insurance-support organization shall make any personal information collected or maintained in connection with an insurance transaction in its possession or control available to the individual to whom it refers, or to the authorized representative of such individual, as provided in this section.

(b) If any individual, after identification, submits a written request to an insurance institution, insurance representative or insurance-support organization for access to recorded personal information about such individual which is reasonably described by such individual and reasonably locatable and retrievable by the insurance institution, insurance representative or insurance-support organization, the insurance institution, insurance representative or insurance-support organization shall within thirty business days from the date such request is received:

(1) either provide such individual with a copy of such recorded personal information or inform such individual of the nature and substance of such recorded personal information in writing;

(2) permit such individual to see and copy, in person, such recorded personal information or to obtain a copy of such recorded personal information by mail, whichever the individual prefers, unless such recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing;

(3) disclose to such individual the identity, if recorded, of any person to whom the insurance institution, insurance representative or insurance-support organization has disclosed such personal information within two years prior to such request, and if such identity is not recorded, the names of insurance institutions, insurance representatives, insurance-support organizations or other persons to whom such information is normally disclosed; and

(4) provide such individual with a summary of the procedures by which such individual may request correction, amendment or deletion of recorded personal information.

(c) Any personal information provided pursuant to subsection (b) shall contain the name or identify the source, except that a source that is a natural person acting in a personal capacity need not be revealed if such confidentiality was specifically promised.

(d) Medical record information supplied by a medical care institution or medical professional and requested under subsection (b), together with the identity of the medical professional or medical care institution which provided such information, shall be supplied either directly to the individual or to a medical professional designated by such individual and licensed to provide medical care with respect to the condition to which the information relates, whichever such individual prefers. Mental health record information shall be supplied directly to such individual, pursuant to this section, only with the approval of the qualified professional person with treatment responsibility for the condition to which the information relates or another equally qualified mental health professional. Upon release of any medical or mental health record information to a medical professional designated by such individual, the insurance institution, insurance representative or insurance-support organization shall notify such individual, at the time of the disclosure, that it has provided the information to the medical professional.

(e) Except for personal information provided under section ten, an insurance institution, insurance representative or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to an individual but no other fee may be charged.

(f) The obligations imposed by this section upon an insurance institution or insurance representative may be satisfied by another insurance institution or insurance representative authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection (b), an insurance institution, insurance representative 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 so long as the insurance-support organization or consumer reporting agency has established and maintains procedures for maintenance of records to assure confidentiality.

(g) The rights granted to an individual in this section shall extend to a natural person to the extent information about such person is collected and maintained by an insurance institution, insurance representative or insurance-support organization in connection with an insurance transaction. The rights granted to a natural person by this subsection shall not extend to information about such person that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving such person.

(h) For the purpose of this section, the term ''insurance support organization'' shall not include ''consumer reporting agency''.