South Carolina Code 38-93-40. Confidentiality; disclosure restrictions and exceptions
(1) as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by § 23-3-610;
Terms Used In South Carolina Code 38-93-40
- coverage: means as defined in Sections 38-71-670(6) and 38-71-840(14). See South Carolina Code 38-93-10
- Decedent: A deceased person.
- Genetic information: means , with respect to an individual, the:
(i) individual's genetic tests;
(ii) genetic tests of the individual's family members; and
(iii) manifestation of a disease or disorder in family members of the individual. See South Carolina Code 38-93-10 - Individual: means an insured, individual enrollee, covered dependent, participant, covered person, beneficiary, eligible employee, dependent of an eligible employee, or applicant for coverage. See South Carolina Code 38-93-10
- insurance: includes annuities. See South Carolina Code 38-1-20
- issuer: means an entity that provides health insurance coverage in this State as defined in Sections 38-71-670(7) and 38-71-840(16). See South Carolina Code 38-93-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
- Statute: A law passed by a legislature.
(2) to determine the paternity of a person pursuant to § 63-17-30;
(3) pursuant to an order of a court of competent jurisdiction specifically ordering disclosure of the genetic information;
(4) where genetic information concerning a deceased individual will assist in medical diagnosis of blood relatives of the decedent;
(5) to a law enforcement or other authorized agency for the purpose of identifying a person or a dead body; or
(6) as specifically authorized or required by a state or federal statute.
(B) A health insurance issuer may not require an individual to consent to the disclosure of genetic information to the issuer as a condition for obtaining health insurance coverage.