(a) As used in this Code section, the term "insurer" means an
accident and sickness insurer, fraternal benefit society, nonprofit
hospital service corporation, nonprofit medical service corporation,
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 such term includes any entity which administrates
or processes claims on behalf of any of the foregoing. (b) 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. (c) 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. (d) 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. |