CODE OF VIRGINIA

CONTENT OF DISCLOSURE AUTHORIZATION FORMS (§ 38.2-606)

Notwithstanding any other provision of law of this Commonwealth, no insurance
institution, agent, or insurance-support organization shall utilize as its
disclosure authorization form in connection with insurance transactions
involving insurance policies or contracts issued after January 1, 1982, a form
or statement that authorizes the disclosure of personal or privileged
information about an individual to the insurance institution, agent, or
insurance-support organization unless the form or statement:

   1.  Is written in plain language;

   2.  Is dated;

   3.  Specifies the types of persons authorized to disclose information about
   the individual;

   4.  Specifies the nature of the information authorized to be disclosed;

   5.  Names the insurance institution or agent and identifies by generic
   reference representatives of the insurance institution to whom the individual
   is authorizing information to be disclosed;

   6.  Specifies the purposes for which the information is collected;

   7.  Specifies the length of time such authorization shall remain valid, which
   shall be no longer than:
               
            

      a.  In the case of authorizations signed for the purpose of collecting
      information in connection with an application for an insurance policy, a
      policy reinstatement, or a request for change in policy benefits:
                     
                  

         (1.  Thirty months from the date the authorization is signed if the
         application or request involves life, accident and sickness, or disability
         insurance; or

         (2.  Two years from the date the authorization is signed if the
         application or request involves property or casualty insurance;

      b.  In the case of authorizations signed for the purpose of collecting
      information in connection with a claim for benefits under an insurance
      policy:
                     
                  

         (1.  The term of coverage of the policy if the claim is for an accident
         and sickness insurance benefit; or

         (2.  The duration of the claim if the claim is not for an accident and
         sickness insurance benefit; and

   8.  Advises the individual or a person authorized to act on behalf of the
   individual that the individual or the individual’s authorized
   representative is entitled to receive a copy of the authorization form.

HISTORY: 1981, c. 389, § 38.1-57.9; 1986, c. 562; 2001, c. 371.