§265.  Confidentiality of medical information

A.  Any data or information pertaining to the diagnosis, treatment, or health of any enrollee or potential enrollee obtained from such persons or from any provider by any health maintenance organization shall be held in confidence and shall not be disclosed to any person except:

(1)  To the extent that it may be necessary to carry out the purposes of this Subpart or as otherwise permitted by law.

(2)  Upon the express consent of the enrollee or potential enrollee.

(3)  Pursuant to statute or court order for the production of evidence or the discovery thereof.

(4)  In the event of a claim or litigation between such person and the health maintenance organization, wherein such data or information is pertinent.

B.  A health maintenance organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnished such information to the health maintenance organization is entitled.

Acts 1986, No. 1065, §1; Redesignated from R.S. 22:2020 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.