Montana Code 33-19-206. Disclosure authorizations — content — conditions prohibited
33-19-206. Disclosure authorizations — content — conditions prohibited. If a disclosure authorization is required by this chapter, the following requirements apply:
Terms Used In Montana Code 33-19-206
- Individual: means a natural person who:
(a)regarding property or casualty insurance, is a past, present, or proposed named insured or certificate holder;
(b)regarding life, health, or disability insurance, is a past, present, or proposed principal insured or certificate holder;
(c)is a past, present, or proposed policyowner;
(d)is a past or present applicant;
(e)is a past or present claimant; or
(f)derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this chapter. See Montana Code 33-19-104
- Insurance function: means claims administration, claims adjustment and management, fraud investigation, fraud prevention, underwriting, loss control, ratemaking functions, reinsurance, risk management, case management, disease management, quality assessment, quality improvement, provider credentialing verification, utilization review, peer review activities, subrogation, grievance procedures, insurance transactions, internal administration of compliance and policyholder service functions, and technical, administrative, or professional services related to the provision of the functions described in this subsection. See Montana Code 33-19-104
- Licensee: means :
(a)an insurance institution, insurance producer, or other person who is licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered pursuant to this title; or
(b)a surplus lines insurer. See Montana Code 33-19-104
- Personal information: means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. See Montana Code 33-19-104
(1)A valid authorization to disclose personal information must be in written form, or in electronic form as provided by applicable law, and must contain the following:
(a)the identity of the individual who is the subject of the personal information;
(b)a description of the types of personal information to be disclosed;
(c)a description of the entity or type of entity to which the licensee discloses personal information, the purpose of the disclosure, and how the information will be used;
(d)the signature of the individual who is the subject of the personal information or the individual who may by law allow the disclosure and the date on which the authorization is signed; and
(e)notice of the length of time for which the authorization is valid, notice that the individual may revoke the authorization at any time, and notice of the procedure for revocation.
(2)An authorization remains valid for a period stated in the authorization that does not exceed 24 contiguous months.
(3)An individual who is the subject of personal information and has signed an authorization may revoke the authorization at any time.
(4)A licensee shall retain the original authorization or a copy of it in the record of the individual who is the subject of personal information.
(5)A licensee may not condition enrollment, coverage, benefits, or rates on an individual’s signing of a disclosure authorization unless the disclosure sought through the authorization is necessary for the licensee to perform an insurance function.