Equal Access to Child's Health Insurance Information; Exceptions

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Equal Access to Child's Health Insurance Information; Exceptions

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  1. As used in this Code section, the term:
    1. "Health benefit policy" means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer.
    2. "Insurer" means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies.
  2. An insurer shall provide a parent of a child the right to inspect, review, or attain copies of health insurance records relating to his or her own child; provided, however, that if the parent making such request is not the named insured or owner of such policy, he or she shall provide the insurer a certified copy of his or her divorce decree, a parenting plan pursuant to Code Section 19-9-1, or other court document establishing that the parent may have access to such records.
  3. Health insurance records and information pertaining to the child shall not be withheld from the custodial parent or from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated.
  4. In the absence of fraud or bad faith, the insurer shall not be subject to liability for furnishing information and records requested pursuant to subsection (b) of this Code section.

(Code 1981, §33-24-59.16, enacted by Ga. L. 2013, p. 553, § 1/SB 1; Ga. L. 2019, p. 386, § 75/SB 133.)

The 2019 amendment, effective July 1, 2019, deleted "hospital service corporation, medical service corporation," following "fraternal benefit society," in paragraph (a)(2).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2013, a misspelling of "health" was corrected near the beginning of subsection (b).


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