Louisiana 2012 Regular Session

Louisiana Senate Bill SB281

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
3/20/12  
Engrossed
4/3/12  
Refer
4/4/12  
Report Pass
5/8/12  
Enrolled
5/29/12  
Chaptered
6/7/12  

Caption

Provides for confidentiality of records and reporting of complaints against persons and entities subject to jurisdiction of the Department of Insurance. (gov sig)

Impact

The implementation of SB281 will significantly affect how health information is managed and disclosed within the Department of Insurance. By emphasizing confidentiality requirements, the bill aligns Louisiana's practices with stricter data protection standards. It mandates that protected health information is used exclusively for the department's responsibilities, thereby potentially reducing the risks of unauthorized access or use. Furthermore, it sets a retention period of three years for records related to complaints, after which they may be disposed of according to existing state laws, thereby regulating how long such sensitive information is kept.

Summary

Senate Bill 281 aims to enhance the confidentiality of health information held by the Louisiana Department of Insurance. The bill amends existing laws to clarify that all protected health information, including any identifiers associated with health data, will remain confidential and privileged. This ensures that any complaints filed against insurers or other entities under the jurisdiction of the department are not disclosed without proper authorization. The text specifies that disclosures will only occur under certain conditions, enhancing protections for individuals' health data while allowing for necessary regulatory transparency.

Sentiment

The sentiment surrounding SB281 is largely favorable, as it addresses the increasing public concern regarding data privacy. Proponents argue that the bill strengthens consumer protections by ensuring sensitive health information is safeguarded against unauthorized disclosures. However, some voices of contention may arise from those advocating for transparency in the insurance industry who might see the tightened confidentiality regulations as a barrier to accountability and public scrutiny of insurer practices.

Contention

Notable points of contention may center around the balance between confidentiality and transparency. While supporters appreciate the heightened privacy protections, opponents may express concerns that such confidentiality could impede consumers from accessing information pertinent to understanding complaints against insurers. Additionally, the mandated use of standardized descriptors for categorizing complaints might lead to debates over the adequacy of such measures in adequately addressing the variety of issues faced by consumers in insurance disputes.

Companion Bills

No companion bills found.

Previously Filed As

LA SB217

Provides for the confidentiality of records disclosed to or by the commissioner of insurance during the course of an insurance receivership. (8/1/16)

LA SB2089

Confidentiality of insurance department records.

LA SB615

Provides relative to the records and subpoena powers of certain local ethics entities. (gov sig)

LA HB764

Provides for the licensing and regulation of health insurance navigators and similar individuals and entities

LA SB676

Provide for financial and market analysis of insurers and regulated entities by the commissioner of insurance. (8/15/10)

LA SB109

Provides for confidentiality of applications and client case records for child care assistance clients. (gov sig)

LA SB265

Provide for financial and market analysis of insurers and regulated entities by the commissioner of insurance. (8/15/10)

LA SB216

Provides for the reorganization of the Louisiana Department of Insurance. (gov sig)

LA HB443

Provides relative to confidentiality of records in cases involving certain protected persons

LA SB180

Provides relative to the division of insurance fraud in the Department of Insurance. (8/1/13) (EN INCREASE SG EX See Note)

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