Section 354.515

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 354

Effective - 28 Aug 1997   

  354.515.  Confidential information, diagnosis, treatment, health of enrollees or applicants, exceptions. — 1.  Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or applicant obtained from such person, or from any provider, by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except as follows:

  (1)  To the extent that it may be necessary to carry out the purposes of sections 354.400 to 354.636;

  (2)  Upon the express consent of the enrollee or applicant;

  (3)  Pursuant to statute or court order for the production of evidence or the discovery thereof;

  (4)  In the event of a claim or litigation between such person and the health maintenance organization wherein such data or information is pertinent.  A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnishes such information to the health maintenance organization is entitled to claim, but no such claim or privilege against disclosure may be made against the director by such health maintenance organization.

  2.  Every health maintenance organization shall establish and maintain procedures to ensure that all mental health records of enrollees remain confidential.  Such procedures and any subsequent amendments thereto shall be filed annually with the director.

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(L. 1983 H.B. 127, A.L. 1997 H.B. 335)