Maine Revised Statutes Title 24-A Sec. 2208 – Content of disclosure authorization forms
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Notwithstanding any other provision of law, a regulated insurance entity or insurance support organization may not use a disclosure authorization form unless the form or statement: [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
1. Signed. Is signed by the insurance consumer except that:
A. A consumer’s spouse, family member or other authorized individual may sign the disclosure authorization form if:
(1) The individual is acting under a valid written power of attorney or acting pursuant to the Uniform Health Care Decisions Act; or
(2) The individual is the consumer’s parent or legal guardian, in which case the authorization is valid only insofar as that parent or legal guardian has the exclusive authority to consent for the health care services received by a minor for which the authorization for payment is sought and only as to those disclosures when the holder of the information can reasonably infer that the parent’s or legal guardian’s interest in disclosure is not adverse to the consumer’s; or [PL 2017, c. 402, Pt. C, §75 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. A consumer may authorize disclosure in electronic or telephonic form if a unique identifier of the insurance consumer is provided and the insurance consumer authenticates the electronic or telephonic authorization; [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
[PL 2017, c. 402, Pt. C, §75 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 2208
- carrier: means :
A. See Maine Revised Statutes Title 24-A Sec. 2204consumer: means any individual who resides or obtains insurance in this State and:
A. See Maine Revised Statutes Title 24-A Sec. 2204Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Health care: includes prescribing, dispensing, furnishing or providing to a patient drugs, biologicals, medical devices, health care equipment and supplies or hospice services and the banking of blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 24-A Sec. 2204 Insurance support organization: means any person, other than a regulated insurance entity, health care provider or governmental agency, who regularly engages, in whole or in part, in the practice of assembling or collecting information for the primary purpose of providing the information to carriers, producers or agencies for insurance transactions, including:
A. See Maine Revised Statutes Title 24-A Sec. 2204Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Regulated insurance entity: means any person or entity required to be licensed by the superintendent under this Title or Title 24, including without limitation a carrier, producer, producer agency or administrator. See Maine Revised Statutes Title 24-A Sec. 2204
2. Plain language. Is written in plain language;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
3. Dated. Is dated;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
4. Persons authorized to disclose. Specifies the types of persons authorized to disclose information about the consumer;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
5. Nature of information. Specifies the nature of the information authorized to be disclosed;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
6. Name of regulated insurance entity. Names the regulated insurance entity and identifies by generic reference representatives of the carrier to whom the consumer is authorizing information to be disclosed;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
7. Purpose. Specifies the purposes for which the information is collected;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
8. Time period of authorization. Specifies the period of time the authorization remains valid. The period of time may be no longer than:
A. In the case of life, disability or long-term care insurance:
(1) Thirty months from the date the authorization is signed if the authorization is signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits; or
(2) The duration of the claim if the authorization is signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy; or [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
B. In the case of health or medical insurance, the term of coverage of the policy and any renewals of that policy; [PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
9. Right to copy. Advises the consumer or a person authorized to act on behalf of the consumer that the consumer or the consumer’s authorized representative is entitled to receive a copy of the authorization form;
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
10. Revocation. Advises the consumer how to revoke the authorization and that the revocation may be a basis for denying insurance benefits; and
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
11. Failure to sign. Advises the consumer that failure to sign an authorization form may impair the ability of a regulated insurance entity to evaluate or process an application or claim and may be a basis for denying an application or claims for benefits.
[PL 1997, c. 677, §3 (NEW); PL 1997, c. 677, §5 (AFF).]
SECTION HISTORY
PL 1997, c. 677, §3 (NEW). PL 1997, c. 677, §5 (AFF). PL 2017, c. 402, Pt. C, §75 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).