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Sale of individually identifiable medical record in formation prohibited. Written consent re disclosure for marketing purposes. Exceptions. Cause of action for violations - Conn. Gen. Stat. § 38a-988a

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Connecticut prohibits persons from selling or offering to sell individually identifiable medical information. Persons may disclose individually identifiable medical information for marketing purposes so long as they obtain the individual’s written consent. This section does not limit disclosure of individually identifiable information in accordance with § 38a-988 or prohibit health care providers from “transferring individual identifiable medical information for the purposes of clinical research, utilization review, quality review, performance improvement,” or billing. Persons that receive transferred information must agree not to disclose the information except in circumstances where the transferring party would have authority to disclose such information. This provision does not prohibit transferring individually identifiable medical information in the course a commercial sale or merger.

Connecticut permits individuals to seek equitable relief and/or damages from persons that violate this section. Individuals have a maximum of 5 years from the date of the violation to file their claim, but must file the claim within 2 years of discovering the violation.


Current as of June 2015