Apr
1
What disclosure Federal law(s) require insurance firms to disclose a client’s records by court subpoena?
Filed Under Insurance
My insurance company issued me a privacy policy. But it also says “…on rare occassions, we may be required to share this information; … If ordered by summons, court order, search warrant…”
Written By: frankielee
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Written By: frankielee
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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
HIPAA requires your insurer to give you a notice of your privacy rights and tell you that your records might become subject to disclosure through a court order, etc. your state’s general laws would determine when your records could be subpoenaed or otherwise disclosed. the state insurance department, for example, generally can ask your insurer for any records it has on you and the insurer must respond.
don’t forget the federal anti-terrorism laws. if the gov’t thinks you are an “evil doer”, it can send your insurer a letter demanding your records, without a court order, and your insurer must give them and can’t tell you the gov’t asked for them.
good luck!