West Virginia Code § 33-6F-1

Privacy; rules
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(a) No person shall disclose any nonpublic personal information contrary to the provisions of
Title V of the Gramm-Leach-Bliley Act, Pub. L. 106-102 (1999).
(b) On or before July 1, 2001, the commissioner shall propose rules for legislative approval in
accordance with article twenty, chapter twenty-nine-a of this code necessary to carry out the
provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. 106-102 (1999) and this article.
(c) Medical records and medical billing records obtained by insurers in connection with
insurance claims or civil litigation shall be confidentially maintaiuned by insurers in
accordance with state and federal law, including the provisions of Title 114, Series 57 of the
Code of State Rules, and no additional restrictions or conditions may be imposed that
contradict or are inconsistent with any applicable policy of insurance or the performance of
insurance functions permitted or authorized by state and federal law. The Insurance
Commissioner shall review the provisions of Title 114, Series 57 of the Code of State Rules
and, to the extent determined necessary, shall proplose new rules or modify existing rules by
December 31, 2017 to address: s
(1) The circumstances under which an insuirance company may disclose medical records and
medical billing records to other persgons or entities;
(2) The circumstances under which personal identifying information of a person must be
redacted before that person's medical records or medical billing records may be disclosed to
other persons or entities;
(3) The steps an insurance company is required to undertake before medical records or
medical billing recor ds are disclosed to other persons or entities to assure that any person or
entity to whicVh an insurance company is disclosing a person's medical records or medical
billing records will be using such records only for purposes permitted by law; and,
(4) The implementation of the requirement that the insurance company has processes or
procedures in place to prevent the unauthorized access by its own employees to a person's
confidential medical records or medical billing records.

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