Confidentiality of Medical Information Obtained From Pharmacies; Restrictions on Release of Information; Penalty for Violation

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Confidentiality of Medical Information Obtained From Pharmacies; Restrictions on Release of Information; Penalty for Violation

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  1. As used in this Code section, the term "insurer" means an accident and sickness insurer, fraternal benefit society, health care corporation, health maintenance organization, provider sponsored health care corporation, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45 and includes any entity which administers or processes claims on behalf of any of the foregoing.
  2. Any medical information concerning a patient that was obtained by or released to an insurer from a pharmacy or pharmacist shall be confidential and privileged and may be released by such insurer to a third party for consideration only if such release is specifically authorized by such patient or a person otherwise authorized to act therefor. Any insurer possessing patient medical information which was obtained from a pharmacy or pharmacist shall not release such information to any third party for consideration without the explicit written consent of the patient or a person otherwise authorized to act therefor, which consent was obtained after written notice by the insurer to such patient or person otherwise authorized to act therefor of the purpose of such release, the party or parties to whom the information will be released, and any consideration paid or to be paid to the insurer for such information.
  3. The provisions of subsection (b) of this Code section shall not prohibit the release of medical information by an insurer to a third party for purposes of appropriate medical research without notice to or the written consent of a patient or person authorized to act therefor, provided that such release does not provide any information that identifies a patient, prescriber, pharmacy, or pharmacist, including without limitation any name, address, or telephone number of a patient, prescriber, pharmacy, or pharmacist. Information released in accordance with the provisions of this subsection may be used for appropriate medical research.
  4. Violation of this Code section by any insurer to which any license or certificate of authority has been issued under this title shall constitute an unfair trade practice punishable under Article 1 of Chapter 6 of this title.

(Code 1981, §33-24-59.4, enacted by Ga. L. 1999, p. 289, § 1; Ga. L. 2017, p. 164, § 32/HB 127; Ga. L. 2019, p. 386, § 66/SB 133.)

The 2019 amendment, effective July 1, 2019, substituted "Title 45 and includes any entity which administers" for "Title 45; and such term includes any entity which administrates" near the end of subsection (a).

Law reviews.

- For article, "Is Too Much Privacy Bad for Your Health? An Introduction to the Law, Ethics, and HIPAA Rule on Medical Privacy," see 17 Ga. St. U.L. Rev. 481 (2000).


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