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Disclosure of personal or privileged information – Ohio Rev. Code Ann. § 3904.13

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An insurance institution, agent, or insurance support organization may disclose personal or privileged information about an individual collected or received in connection with an insurance transaction under the following circumstances:

  • With the written authorization of the individual;
  • To an insurance institution, agent, or insurance support organization or other person if the disclosure is reasonably necessary to:
    • Enable such person or entity to perform a business, professional, or insurance function for the disclosing entity; or
    • Enable such person or entity to provide information to the disclosing entity for the purpose of determining an individual’s eligibility for an insurance benefit or payment, 
    • Enable such person or entity to provide information to the disclosing entity for the purpose of detecting or preventing fraud.
  • To a medical care institution or medical professional as is reasonably necessary for:
    • Verifying insurance coverage or benefits;
    • Informing an individual of a medical problem of which the individual may not be aware; or 
    • Conducting an operations or services audit to verify the individuals treated by the professional or at the institution.
  • To an insurance regulatory authority;
  • To a law enforcement or other governmental authority;
  • As otherwise permitted or required by law;
  • In response to a valid administrative or judicial order;
  • For conducting actuarial or research studies, if no individual will be identified in the report, and materials identifying the individual are returned or destroyed as soon as they are no longer needed;
  • To a person whose only use of such information will be in connection with the marketing of a product or service, provided that no medical record, privileged, or personal information relating to an individual’s character, personal habits, mode of living or general reputation is disclosed;
  • For auditing purposes;
  • By a consumer reporting agency;
  • To a professional peer review organization for reviewing the service or conduct of a medical care institution or medical professional;
  • To a governmental authority for determining the individual’s eligibility for health benefits for which the authority may be liable; and
  • To a certificate holder or policyholder for providing information regarding the status of an insurance transaction.

Current as of June 2015