Sec. 34.
(1) A TPA shall provide for the confidentiality of personal data identifying an individual covered by a plan. A TPA shall not disclose records containing personal information that may be associated with an identifiable individual covered by a plan to a person other than the individual to whom the information pertains. Except as is necessary to comply with a court order, an administrator shall not disclose personal data concerning a covered individual without the prior consent of the covered individual. If the individual covered by a plan has authorized the release of information to a third person, the third person shall not release that information unless the individual executes in writing another consent authorizing the additional release.
(2) Subsection (1) shall not be construed to apply to information disclosed for any of the following reasons:
(a) For claims adjudication.
(b) For claims verification.
(c) For other proper plan administration.
(d) For an audit conducted pursuant to ERISA.
(e) To an insurer for the purchase of excess loss insurance and for claims under the excess loss insurance. However, an insurer obtaining information under this subdivision shall be subject to the requirements of subsection (1).
(f) To the plan or a fiduciary of the plan.
(g) To the commissioner. However, information obtained by the commissioner under this subdivision shall be exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(h) As required by law.
History: 1984, Act 218, Eff. Jan. 1, 1985
Structure Michigan Compiled Laws
Chapter 550 - General Insurance Laws
Act 218 of 1984 - Third Party Administrator Act (550.901 - 550.962)
Section 550.901 - Short Title.
Section 550.902 - Definitions.
Section 550.916 - Repealed. 2002, Act 74, Imd. Eff. Mar. 15, 2002.
Section 550.918 - Fees; Payment; Collection; and Designation.
Section 550.920 - Authority of Commissioner.
Section 550.924 - Destruction or Disposal of Records, Books, Papers, and Other Data.
Section 550.927 - Disclosure of Current Selling Prices; Prohibited Contract Provisions.
Section 550.934 - Confidentiality.
Section 550.936 - Annual Statement; Report.
Section 550.940 - Prohibited Conduct Generally.
Section 550.942 - Additional Prohibited Conduct.
Section 550.944 - Additional Prohibited Conduct.
Section 550.954 - Alteration, Modification, or Setting Aside of Order.
Section 550.958 - Self-Incrimination; False Oath or Affirmation.
Section 550.962 - Repealed. 2002, Act 74, Imd. Eff. Mar. 15, 2002.