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Private Insurance Data Requirements in Pennsylvania

        Managed care plans and utilization review entities in Pennsylvania must ensure that all identifiable information regarding an enrollee’s health, diagnosis and treatment remains confidential in compliance with applicable laws, regulations and professional ethical standards.1  Information regarding an enrollee’s health or treatment must be made available to the enrollee, his designee, and others as is necessary to prevent death or serious injury.2  If a managed care plan maintains medical records, it must ensure that enrollees have timely access to their records unless otherwise prohibited by law.3  Plans must also annually submit to the Department of Health a detailed report of its activities, including utilization statistics, the number, type and disposition of all complaints and grievances, and a copy of the plan’s quality assurance program.4

        A managed care plan can disclose personal information under certain circumstances, including for internal quality review, to determine coverage, review complaints, conduct utilization review, for patient care management, and other reasons.5  Other licensed insurers may disclose nonpublic personal health information about a consumer under various circumstances as well, including upon authorization from the consumer, and for the performance of certain insurance functions such as auditing, quality assurance, utilization review, underwriting, etc.6

 

Footnotes

  • 1. 40 Pa. Stat. Ann. § 991.2131
  • 2. 40 Pa. Stat. Ann. § 991.2131
  • 3. 40 Pa. Stat. Ann. § 991.2131
  • 4. 28 Pa. Code § 9.604
  • 5. 40 Pa. Stat. Ann. § 991.2131
  • 6. 31 Pa. Code § 146b.11

 

Private Insurance Data Requirements in Pennsylvania

Subtopic Statute/Regulation Description
Private Insurance Data Requirements Annual reporting requirements - 31 Pa. Code § 152.19 An approved risk-assuming preferred provider must annual file with the secretary and the commissioner of insurance a report including the following...
Authorization required for disclosure of nonpublic personal health information - 31 Pa. Code § 146b.11 A licensed insurer may disclose nonpublic personal health information about a consumer in the following circumstances: Upon authorization from...
Confidentiality - 40 Pa. Stat. Ann. § 991.2131 Managed care plans and utilization review entities must ensure that all identifiable information regarding enrollee health, diagnosis and treatment...
Department investigations - 28 Pa. Code § 9.605 The department of health may investigate plans to determine their compliance with regulations; the department may access enrollees’ medical...
HMO external quality assurance assessment - 28 Pa. Code § 9.654 Within 18 months of enrollment, and every three years thereafter, an HMO must use an acceptable external quality review organization to conduct a...
Plan reporting requirements - 28 Pa. Code § 9.604 A plan must annually submit to the department of health a detailed report of its activities, including the following provisions: ...
Quality assurance standards - 28 Pa. Code § 9.674 A managed care plan must have an ongoing quality assurance program that includes review, analysis and assessment of the access, availability and...
Utilization control - 6 Pa. Code § 22.81 Providers enrolled in the Pennsylvania Pharmaceutical Assistance Contract for the Elderly (PACE) Program must provide the following information:...