33-39-7. Disclosure authorization forms authorizing disclosure of personal or privileged information.

Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement:

Is written in plain language;#

Is dated;#

Specifies the types of persons authorized to disclose information about the individual;#

Specifies the nature of the information authorized to be disclosed;#

Names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed;#

Specifies the purposes for which the information is collected;#

Specifies the length of time such authorization shall remain valid, which shall be no longer than:#

1. (A)

   In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits:#

   1. (i)

      Thirty months from the date the authorization is signed if the application or request involves life, health, or disability insurance;#

   2. (ii)

      One year from the date the authorization is signed if the application or request involves property or casualty insurance; or#

2. (B)

   In the case of authorizations signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy:#

   1. (i)

      The term of coverage of the policy if the claim is for a health insurance benefit;#

   2. (ii)

      The duration of the claim if the claim is not for a health insurance benefit; and#

Advises the individual or person authorized to act on behalf of the individual that the individual or the individual’s authorized representative is entitled to receive a copy of the authorization form.#