Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 36.00 - The Use Of Aids-related Information For Life And Health Insurance And Informed Consent
Section 36.06 - Carrier Confidentiality Requirements
Current through Register 1531, September 27, 2024
(1) A carrier shall implement reasonable internal safeguards to protect the privacy of HIV-related information including any request that an individual submit to an HIV test, the carrier's basis for requesting such a test, any refusal or agreement to submit to a test, and any HIV test result. These internal confidentiality standards shall meet the following minimum requirements:
(2) Carriers shall be required to notify an individual of any disclosure of HIV-related information to any of the designated persons or entities other than the carrier, its employees, reinsurers, attorneys, and contractors solely on a need to know basis for use for underwriting, claims or another business purpose in connection with the insurance transaction, or any insurance support organization. This disclosure shall include the name and address of the person or entity receiving the information. Individuals should be informed of this policy pursuant to 211 CMR 36.04(3)(d).
(3) A carrier or insurance producer shall be required to notify an individual of any subpoena for the company's records relating to HIV-related information concerning that individual, which notice shall be given as soon as possible, and before responding to the subpoena with an opportunity for the individual to object to such disclosure.
(4) A carrier or insurance producer may be subject to sanctions by the Division in the event of any breach of confidentiality made by any person or entity acting on its behalf, including without limitation, any laboratory, contractor whose purpose is to provide underwriting or claims services in connection with the insurance transaction, insurance support organization, reinsurer or attorney.