CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2127Introduced by Assembly Member SantiagoFebruary 15, 2022 An act to amend Section 791.29 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTAB 2127, as introduced, Santiago. Medical information: confidentiality.Existing law, on and after July 1, 2022, requires a health insurer, to the extent permitted by federal law, to take specified steps to protect the confidentiality of an insureds medical information. In this regard, existing law prohibits a health insurer from requiring a protected individual, as defined, to obtain the policyholders, the primary subscribers, or other enrollees authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.This bill would make technical, nonsubstantive changes to those provisions governing the confidentiality of medical information.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 791.29 of the Insurance Code, as added by Section 7 of Chapter 190 of the Statutes of 2021, is amended to read:791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2127Introduced by Assembly Member SantiagoFebruary 15, 2022 An act to amend Section 791.29 of the Insurance Code, relating to insurance. LEGISLATIVE COUNSEL'S DIGESTAB 2127, as introduced, Santiago. Medical information: confidentiality.Existing law, on and after July 1, 2022, requires a health insurer, to the extent permitted by federal law, to take specified steps to protect the confidentiality of an insureds medical information. In this regard, existing law prohibits a health insurer from requiring a protected individual, as defined, to obtain the policyholders, the primary subscribers, or other enrollees authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.This bill would make technical, nonsubstantive changes to those provisions governing the confidentiality of medical information.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2127
Introduced by Assembly Member SantiagoFebruary 15, 2022
Introduced by Assembly Member Santiago
February 15, 2022
An act to amend Section 791.29 of the Insurance Code, relating to insurance.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2127, as introduced, Santiago. Medical information: confidentiality.
Existing law, on and after July 1, 2022, requires a health insurer, to the extent permitted by federal law, to take specified steps to protect the confidentiality of an insureds medical information. In this regard, existing law prohibits a health insurer from requiring a protected individual, as defined, to obtain the policyholders, the primary subscribers, or other enrollees authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.This bill would make technical, nonsubstantive changes to those provisions governing the confidentiality of medical information.
Existing law, on and after July 1, 2022, requires a health insurer, to the extent permitted by federal law, to take specified steps to protect the confidentiality of an insureds medical information. In this regard, existing law prohibits a health insurer from requiring a protected individual, as defined, to obtain the policyholders, the primary subscribers, or other enrollees authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.
This bill would make technical, nonsubstantive changes to those provisions governing the confidentiality of medical information.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 791.29 of the Insurance Code, as added by Section 7 of Chapter 190 of the Statutes of 2021, is amended to read:791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 791.29 of the Insurance Code, as added by Section 7 of Chapter 190 of the Statutes of 2021, is amended to read:791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
SECTION 1. Section 791.29 of the Insurance Code, as added by Section 7 of Chapter 190 of the Statutes of 2021, is amended to read:
### SECTION 1.
791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:(i) Bills and attempts to collect payment.(ii) A notice of adverse benefits determinations.(iii) An explanation of benefits notice.(iv) A health insurers request for additional information regarding a claim.(v) A notice of a contested claim.(vi) The name and address of a provider, description of services provided, and other information related to a visit.(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:(A) In a conspicuously visible location in the evidence of coverage.(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.(f) This section shall become operative on July 1, 2022.
791.29. Notwithstanding any other law, and to the extent permitted by federal law, a health insurer shall take the following steps to protect the confidentiality of an insureds medical information:
(a) (1) A health insurer shall not require a protected individual to obtain the policyholders authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care.
(2) A health insurer shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received.
(3) A health insurer shall direct all communications regarding a protected individuals receipt of sensitive health care services directly to the protected individual receiving care as follows:
(A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services to the alternative mailing address, email address, or telephone number designated.
(B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health insurer shall send or make all communications related to the protected individuals receipt of sensitive services in the name of the protected individual at the address or telephone number on file.
(C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications:
(i) Bills and attempts to collect payment.
(ii) A notice of adverse benefits determinations.
(iii) An explanation of benefits notice.
(iv) A health insurers request for additional information regarding a claim.
(v) A notice of a contested claim.
(vi) The name and address of a provider, description of services provided, and other information related to a visit.
(vii) Any written, oral, or electronic communication from a health insurer that contains protected health information.
(4) A health insurer shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder or any insureds other than the protected individual receiving care, absent an express written authorization of from the protected individual receiving care.
(b) (1) A health insurer shall permit an insured to request, and shall accommodate requests for, confidential communication in the form and format requested by the insured, if it is readily producible in the requested form and format, or at alternative locations.
(2) A health insurer may require the insured to make a request for a confidential communication described in paragraph (1) in writing or by electronic transmission.
(3) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication.
(4) The confidential communication request shall be valid until the insured submits a revocation of the request, or a new confidential communication request is submitted.
(5) For the purposes of this section, a confidential communications communication request shall be implemented by the health insurer within 7 calendar days of the receipt of an electronic transmission, telephonic request, or request submitted through the health insurers internet website, or within 14 calendar days of receipt by first-class mail. The health insurer shall acknowledge receipt of the confidential communications communication request and advise the insured of the status of implementation of the request if an insured contacts the insurer.
(c) (1) A health insurer shall notify insureds that they may request a confidential communication pursuant to subdivision (b) and how to make the request.
(2) The information required to be provided pursuant to this subdivision shall be provided to insureds with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner:
(A) In a conspicuously visible location in the evidence of coverage.
(B) On the health insurers internet website, accessible through a hyperlink on the internet websites home page and in a manner that allows insureds, prospective insureds, and members of the public to easily locate the information.
(d) Notwithstanding subdivision (b), a provider of health care may make arrangements with the insured for the payment of benefit cost sharing and communicate that arrangement with the insurer.
(e) A health insurer shall not condition coverage on the waiver of rights provided in this section.
(f) This section shall become operative on July 1, 2022.