(a) Not later than thirty business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information concerning the individual within its possession, an insurance institution, agent or insurance-support organization shall: (1) Correct, amend or delete the portion of the recorded personal information in dispute; or (2) notify the individual of: (A) Its refusal to make such correction, amendment or deletion; (B) the reasons for the refusal; and (C) the individual's right to file a statement as provided in subsection (c) of this section.
(b) If the insurance institution, agent or insurance-support organization corrects, amends or deletes recorded personal information in accordance with subdivision (1) of subsection (a) of this section, it shall so notify the individual in writing and furnish the correction, amendment or fact of deletion to: (1) Any person specifically designated by the individual who may have, within the preceding two years, received such recorded personal information; (2) any insurance-support organization whose primary source of personal information is insurance institutions if such organization has systematically received such information from the insurance institution within the preceding seven years, provided the correction, amendment or deletion need not be furnished if the organization no longer maintains the information about the individual; and (3) any insurance-support organization that furnished the personal information that has been corrected, amended or deleted.
(c) Whenever an individual disagrees with an institution's, agent's or organization's refusal to correct, amend or delete recorded personal information, the individual shall be permitted to file with the institution, agent or organization: (1) A concise statement specifying what the individual believes to be the correct, relevant or fair information, and (2) a concise statement of the reasons the individual disagrees with the institution's, agent's or organization's refusal to correct, amend or delete recorded personal information.
(d) In the event an individual files either statement as described in subsection (c) of this section, the insurance institution, agent or support organization shall: (1) File the statement with the disputed personal information and provide a means by which anyone reviewing such information will be cognizant of the individual's statement and have access to it, (2) in any subsequent disclosure by the institution, agent or organization of the recorded personal information that is the subject of disagreement, clearly identify the matter in dispute and provide the individual's statement along with the information being disclosed, and (3) furnish the statement to the persons in the manner specified in subsection (b) of this section.
(e) The rights granted to individuals in this section shall extend to all individuals to the extent information concerning such individuals is collected and maintained by an insurance institution, agent or insurance-support organization in connection with an insurance transaction, except with respect to information that relates to and is collected in connection with or in reasonable anticipation of, a claim or a civil or criminal proceeding involving such individuals.
(f) For purposes of this section, the term “insurance-support organization” does not include “consumer reporting agency”.
(P.A. 81-368, S. 10, 25; P.A. 82-21, S. 3; P.A. 08-110, S. 5; P.A. 09-74, S. 30.)
History: P.A. 82-21 specified that provisions apply to personal or privileged information collected or received before or after October 1, 1982; Sec. 38-509 transferred to Sec. 38a-984 in 1991; P.A. 08-110 made technical changes in Subsecs. (a) and (e), effective May 27, 2008; P.A. 09-74 made technical changes in Subsec. (b), effective May 27, 2009.
Structure Connecticut General Statutes
Chapter 705 - Connecticut Insurance Information and Privacy Protection Act
Section 38a-976. (Formerly Sec. 38-501). - Definitions.
Section 38a-977. (Formerly Sec. 38-502). - Applicability. Exceptions.
Section 38a-978. (Formerly Sec. 38-503). - Use of pretext interviews.
Section 38a-979. (Formerly Sec. 38-504). - Notice of insurance information practices.
Section 38a-982. (Formerly Sec. 38-507). - Investigative consumer reports.
Section 38a-983. (Formerly Sec. 38-508). - Access to recorded personal information.
Section 38a-988. (Formerly Sec. 38-513). - Disclosure limitations and conditions.
Section 38a-989. (Formerly Sec. 38-514). - Powers of commissioner.
Section 38a-990. (Formerly Sec. 38-515). - Hearings; subpoenas; service of process.
Section 38a-992. (Formerly Sec. 38-517). - Commissioner to prepare findings.
Section 38a-993. (Formerly Sec. 38-518). - Penalties.
Section 38a-994. (Formerly Sec. 38-519). - Appeals from orders.
Section 38a-995. (Formerly Sec. 38-520). - Individual remedies.
Section 38a-996. (Formerly Sec. 38-521). - Immunity.
Section 38a-997. (Formerly Sec. 38-522). - Obtaining information under false pretenses. Fine.
Section 38a-998. (Formerly Sec. 38-523). - Severability.
Section 38a-999. - Written policies, standards and procedures re medical record information.