{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-608.html"}],"law_id":81752,"edition_id":1,"section_id":81752,"structure_id":14255,"section_number":"38.2-608","catch_line":"Access to recorded personal information","history":"1981, c. 389, \u00a7 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014; 2020, c. 945; 2022, c. 509.","full_text":"A\n\nIf any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably able to be located and retrieved by the insurance institution, agent, or insurance-support organization, the insurance institution, agent, or insurance-support organization shall within 30 business days from the date the request is received:1\n\nInform the individual of the nature and substance of the recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance institution, agent, or insurance-support organization prefers;2\n\nPermit the individual to see and copy, in person, the recorded personal information pertaining to him or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing;3\n\nDisclose to the individual the identity, if recorded, of those persons to whom the insurance institution, agent, or insurance-support organization has disclosed the personal information within two years prior to such request, and if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations or other persons to whom such information is normally disclosed; and4\n\nProvide the individual with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information.B\n\nAny personal information provided pursuant to subsection A of this section shall identify the source of the information if it is an institutional source.C\n\nMedical-record information supplied by a medical-care institution or medical professional and requested under subsection A of this section, together with the identity of the medical professional or medical care institution that provided the information, shall be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the individual prefers. If the individual elects to have the information disclosed to a medical professional designated by him, the insurance institution, agent or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.\n\t\t\tHowever, disclosure directly to the individual may be denied if a treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of professional judgment, that the disclosure requested would be reasonably likely to endanger the life or physical safety of the individual or another person or that the information requested makes reference to a person other than a health care provider and disclosure of such information would be reasonably likely to cause substantial harm to the referenced person.\n\t\t\tIf disclosure to the individual is denied, upon the individual’s request, the insurance institution, agent or insurance support organization shall either (i) designate a physician, clinical psychologist, clinical social worker, or licensed professional counselor acceptable to the insurance institution, agent or insurance support organization, who was not directly involved in the denial, and whose licensure, training, and experience relative to the individual’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall, at the expense of the insurance institution, agent or insurance support organization, make a judgment as to whether to make the information available to the individual; or (ii) if the individual so requests, make the information available, at the individual’s expense to a physician, clinical psychologist, clinical social worker, or licensed professional counselor selected by the individual, whose licensure, training and experience relative to the individual’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall make a judgment as to whether to make the information available to the individual. The insurance institution, agent, or insurance support organization shall comply with the judgment of the reviewing physician, clinical psychologist, clinical social worker, or licensed professional counselor made in accordance with the foregoing procedures.D\n\nExcept for personal information provided under § 38.2-610, an insurance institution, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.E\n\nThe obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection A of this section, an insurance institution, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.F\n\nThe rights granted to individuals in this section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.G\n\nFor purposes of this section, the term “insurance-support organization” does not include “consumer reporting agency.”","order_by":null,"text":{"0":{"id":292865,"text":"If any individual, after proper identification, submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably able to be located and retrieved by the insurance institution, agent, or insurance-support organization, the insurance institution, agent, or insurance-support organization shall within 30 business days from the date the request is received:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":292866,"text":"Inform the individual of the nature and substance of the recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance institution, agent, or insurance-support organization prefers;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":292867,"text":"Permit the individual to see and copy, in person, the recorded personal information pertaining to him or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":292868,"text":"Disclose to the individual the identity, if recorded, of those persons to whom the insurance institution, agent, or insurance-support organization has disclosed the personal information within two years prior to such request, and if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations or other persons to whom such information is normally disclosed; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":292869,"text":"Provide the individual with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":292870,"text":"Any personal information provided pursuant to subsection A of this section shall identify the source of the information if it is an institutional source.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":292871,"text":"Medical-record information supplied by a medical-care institution or medical professional and requested under subsection A of this section, together with the identity of the medical professional or medical care institution that provided the information, shall be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the individual prefers. If the individual elects to have the information disclosed to a medical professional designated by him, the insurance institution, agent or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.\n\t\t\tHowever, disclosure directly to the individual may be denied if a treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of professional judgment, that the disclosure requested would be reasonably likely to endanger the life or physical safety of the individual or another person or that the information requested makes reference to a person other than a health care provider and disclosure of such information would be reasonably likely to cause substantial harm to the referenced person.\n\t\t\tIf disclosure to the individual is denied, upon the individual’s request, the insurance institution, agent or insurance support organization shall either (i) designate a physician, clinical psychologist, clinical social worker, or licensed professional counselor acceptable to the insurance institution, agent or insurance support organization, who was not directly involved in the denial, and whose licensure, training, and experience relative to the individual’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall, at the expense of the insurance institution, agent or insurance support organization, make a judgment as to whether to make the information available to the individual; or (ii) if the individual so requests, make the information available, at the individual’s expense to a physician, clinical psychologist, clinical social worker, or licensed professional counselor selected by the individual, whose licensure, training and experience relative to the individual’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall make a judgment as to whether to make the information available to the individual. The insurance institution, agent, or insurance support organization shall comply with the judgment of the reviewing physician, clinical psychologist, clinical social worker, or licensed professional counselor made in accordance with the foregoing procedures.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":292872,"text":"Except for personal information provided under § 38.2-610, an insurance institution, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":292873,"text":"The obligations imposed by this section upon an insurance institution or agent may be satisfied by another insurance institution or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request under subsection A of this section, an insurance institution, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":292874,"text":"The rights granted to individuals in this section shall extend to all natural persons to the extent information about them is collected and maintained by an insurance institution, agent or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":292875,"text":"For purposes of this section, the term “insurance-support organization” does not include “consumer reporting agency.”","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14255,"edition_id":1,"name":"Collection, Use, and Dissemination of Information","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12922,"metadata":{},"date_created":"2026-06-26 03:47:28","date_modified":"2026-06-26 03:47:28","permalink":{"id":218015,"object_type":"structure","relational_id":14255,"identifier":"1","token":"38.2\/6\/1","url":"\/38.2\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12922,"edition_id":1,"name":"Insurance Information and Privacy Protection","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":218013,"object_type":"structure","relational_id":12922,"identifier":"6","token":"38.2\/6","url":"\/38.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64742,"structure_id":14255,"section_number":"38.2-600","catch_line":"Purposes","url":"\/38.2-600\/","token":"38.2\/6\/1\/38.2-600","metadata":false},{"id":61470,"structure_id":14255,"section_number":"38.2-601","catch_line":"Application of article","url":"\/38.2-601\/","token":"38.2\/6\/1\/38.2-601","metadata":false},{"id":73837,"structure_id":14255,"section_number":"38.2-602","catch_line":"Definitions","url":"\/38.2-602\/","token":"38.2\/6\/1\/38.2-602","metadata":false},{"id":63985,"structure_id":14255,"section_number":"38.2-603","catch_line":"Pretext interviews","url":"\/38.2-603\/","token":"38.2\/6\/1\/38.2-603","metadata":false},{"id":85852,"structure_id":14255,"section_number":"38.2-604","catch_line":"Notice of information collection and disclosure practices","url":"\/38.2-604\/","token":"38.2\/6\/1\/38.2-604","metadata":false},{"id":64388,"structure_id":14255,"section_number":"38.2-604.1","catch_line":"Notice of financial information collection and disclosure practices","url":"\/38.2-604.1\/","token":"38.2\/6\/1\/38.2-604.1","metadata":false},{"id":79870,"structure_id":14255,"section_number":"38.2-605","catch_line":"Marketing and research surveys","url":"\/38.2-605\/","token":"38.2\/6\/1\/38.2-605","metadata":false},{"id":64763,"structure_id":14255,"section_number":"38.2-606","catch_line":"Content of disclosure authorization forms","url":"\/38.2-606\/","token":"38.2\/6\/1\/38.2-606","metadata":false},{"id":69670,"structure_id":14255,"section_number":"38.2-607","catch_line":"Investigative consumer reports","url":"\/38.2-607\/","token":"38.2\/6\/1\/38.2-607","metadata":false},{"id":81752,"structure_id":14255,"section_number":"38.2-608","catch_line":"Access to recorded personal information","url":"\/38.2-608\/","token":"38.2\/6\/1\/38.2-608","metadata":false},{"id":56196,"structure_id":14255,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","url":"\/38.2-609\/","token":"38.2\/6\/1\/38.2-609","metadata":false},{"id":83133,"structure_id":14255,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","url":"\/38.2-610\/","token":"38.2\/6\/1\/38.2-610","metadata":false},{"id":77789,"structure_id":14255,"section_number":"38.2-611","catch_line":"Information concerning previous adverse underwriting decisions","url":"\/38.2-611\/","token":"38.2\/6\/1\/38.2-611","metadata":false},{"id":60819,"structure_id":14255,"section_number":"38.2-612","catch_line":"Bases for adverse underwriting decisions","url":"\/38.2-612\/","token":"38.2\/6\/1\/38.2-612","metadata":false},{"id":64433,"structure_id":14255,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","url":"\/38.2-612.1\/","token":"38.2\/6\/1\/38.2-612.1","metadata":false},{"id":56355,"structure_id":14255,"section_number":"38.2-612.2","catch_line":"Protection of the Fair Credit Reporting Act","url":"\/38.2-612.2\/","token":"38.2\/6\/1\/38.2-612.2","metadata":false},{"id":55493,"structure_id":14255,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","url":"\/38.2-613\/","token":"38.2\/6\/1\/38.2-613","metadata":false},{"id":85509,"structure_id":14255,"section_number":"38.2-613.01","catch_line":"Commission to promulgate regulations on disclosure of certain medical test results to insurance applicants","url":"\/38.2-613.01\/","token":"38.2\/6\/1\/38.2-613.01","metadata":false},{"id":58399,"structure_id":14255,"section_number":"38.2-613.1","catch_line":"Disclosure of agent's moratorium required","url":"\/38.2-613.1\/","token":"38.2\/6\/1\/38.2-613.1","metadata":false},{"id":73940,"structure_id":14255,"section_number":"38.2-613.2","catch_line":"Repealed","url":"\/38.2-613.2\/","token":"38.2\/6\/1\/38.2-613.2","metadata":false},{"id":78057,"structure_id":14255,"section_number":"38.2-614","catch_line":"Powers of Commission","url":"\/38.2-614\/","token":"38.2\/6\/1\/38.2-614","metadata":false},{"id":84055,"structure_id":14255,"section_number":"38.2-615","catch_line":"Hearings and procedures","url":"\/38.2-615\/","token":"38.2\/6\/1\/38.2-615","metadata":false},{"id":68943,"structure_id":14255,"section_number":"38.2-616","catch_line":"Service of process on insurance-support organizations","url":"\/38.2-616\/","token":"38.2\/6\/1\/38.2-616","metadata":false},{"id":73310,"structure_id":14255,"section_number":"38.2-617","catch_line":"Individual remedies","url":"\/38.2-617\/","token":"38.2\/6\/1\/38.2-617","metadata":false},{"id":67050,"structure_id":14255,"section_number":"38.2-618","catch_line":"Immunity of persons disclosing information","url":"\/38.2-618\/","token":"38.2\/6\/1\/38.2-618","metadata":false},{"id":79983,"structure_id":14255,"section_number":"38.2-619","catch_line":"Obtaining information under false pretenses","url":"\/38.2-619\/","token":"38.2\/6\/1\/38.2-619","metadata":false},{"id":78715,"structure_id":14255,"section_number":"38.2-620","catch_line":"Repealed","url":"\/38.2-620\/","token":"38.2\/6\/1\/38.2-620","metadata":false}],"previous_section":{"id":69670,"structure_id":14255,"section_number":"38.2-607","catch_line":"Investigative consumer reports","url":"\/38.2-607\/","token":"38.2\/6\/1\/38.2-607","metadata":false},"next_section":{"id":56196,"structure_id":14255,"section_number":"38.2-609","catch_line":"Correction, amendment, or deletion of recorded personal information","url":"\/38.2-609\/","token":"38.2\/6\/1\/38.2-609","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-608\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 389 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 562; in 2004, chapters 65<\/a> and 1014<\/a>; in 2020, chapter 945<\/a>; in 2022, chapter 509<\/a>.<\/p>","references":[{"id":83824,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","order_by":null,"url":"\/38.2-2114\/"},{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":85852,"section_number":"38.2-604","catch_line":"Notice of information collection and disclosure practices","order_by":null,"url":"\/38.2-604\/"},{"id":69670,"section_number":"38.2-607","catch_line":"Investigative consumer reports","order_by":null,"url":"\/38.2-607\/"},{"id":83133,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","order_by":null,"url":"\/38.2-610\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"},{"id":73310,"section_number":"38.2-617","catch_line":"Individual remedies","order_by":null,"url":"\/38.2-617\/"}],"refers_to":[{"id":83133,"section_number":"38.2-610","catch_line":"Notice of adverse underwriting decision; furnishing reasons for decisions and sources of information","order_by":null,"url":"\/38.2-610\/"}],"permalink":{"id":218053,"object_type":"law","relational_id":81752,"identifier":"38.2-608","token":"38.2\/6\/1\/38.2-608","url":"\/38.2-608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-608\/","token":"38.2\/6\/1\/38.2-608","dublin_core":{"Title":"Access to recorded personal information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any individual<\/span>, after proper identification, submits a written request to an insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> for access to recorded personal information<\/span> about the individual<\/span> that is reasonably described by the individual<\/span> and reasonably able to be located and retrieved by the insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span>, the insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> shall within 30 business days from the date the request is received: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Inform the individual<\/span> of the nature and substance of the recorded personal information<\/span> in writing, by telephone, or by other oral communication, whichever the insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> prefers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit the individual<\/span> to see and copy, in person<\/span>, the recorded personal information<\/span> pertaining to him or to obtain a copy of the recorded personal information<\/span> by mail, whichever the individual<\/span> prefers, unless the recorded personal information<\/span> is in coded form, in which case an accurate translation in plain language shall be provided in writing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Disclose to the individual<\/span> the identity, if recorded, of those persons<\/span> to whom the insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> has disclosed the personal information<\/span> within two years prior to such request, and if the identity is not recorded, the names of those insurance institutions<\/span>, agents<\/span>, insurance-support organizations<\/span><\/span> or other persons<\/span> to whom such information is normally disclosed; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Provide the individual<\/span> with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any personal information<\/span> provided pursuant to subsection A of this section shall identify the source of the information if it is an institutional source<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Medical-record information<\/span> supplied by a medical-care institution<\/span> or medical professional<\/span> and requested under subsection A of this section, together with the identity of the medical professional<\/span> or medical care institution that provided the information, shall be supplied either directly to the individual<\/span> or to a medical professional<\/span> designated by the individual<\/span> and licensed to provide medical care with respect to the condition to which the information relates, whichever the individual<\/span> prefers. If the individual<\/span> elects to have the information disclosed to a medical professional<\/span> designated by him, the insurance institution<\/span>, agent<\/span> or insurance-support organization<\/span> shall notify the individual<\/span>, at the time of the disclosure, that it has provided the information to the medical professional<\/span>.\n\t\t\tHowever, disclosure directly to the individual<\/span> may be denied if a treating physician, clinical psychologist, clinical social worker, or licensed professional counselor has determined, in the exercise of professional judgment<\/span>, that the disclosure requested would be reasonably likely to endanger the life or physical safety of the individual<\/span> or another person<\/span> or that the information requested makes reference to a person<\/span> other than a health care provider and disclosure of such information would be reasonably likely to cause substantial harm to the referenced person<\/span>.\n\t\t\tIf disclosure to the individual<\/span> is denied, upon the individual<\/span>’s request, the insurance institution<\/span>, agent<\/span> or insurance support organization shall either (i) designate a physician, clinical psychologist, clinical social worker, or licensed professional counselor acceptable to the insurance institution<\/span>, agent<\/span> or insurance support organization, who was not directly involved in the denial, and whose licensure, training, and experience relative to the individual<\/span>’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall, at the expense of the insurance institution<\/span>, agent<\/span> or insurance support organization, make a judgment<\/span> as to whether to make the information available to the individual<\/span>; or (ii) if the individual<\/span> so requests, make the information available, at the individual<\/span>’s expense to a physician, clinical psychologist, clinical social worker, or licensed professional counselor selected by the individual<\/span>, whose licensure, training and experience relative to the individual<\/span>’s condition are at least equivalent to that of the physician, clinical psychologist, clinical social worker, or licensed professional counselor who made the original determination, who shall make a judgment<\/span> as to whether to make the information available to the individual<\/span>. The insurance institution<\/span>, agent<\/span>, or insurance support organization shall comply with the judgment<\/span> of the reviewing physician, clinical psychologist, clinical social worker, or licensed professional counselor made in accordance with the foregoing procedures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except for personal information<\/span> provided under § 38.2-610<\/a>, an insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information<\/span> to individuals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The obligations imposed by this section upon an insurance institution<\/span> or agent<\/span> may be satisfied by another insurance institution<\/span> or agent<\/span> authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information<\/span> pursuant to a request under subsection A of this section, an insurance institution<\/span>, agent<\/span>, or insurance-support organization<\/span> may make arrangements with an insurance-support organization<\/span> or a consumer reporting agency<\/span> to copy and disclose recorded personal information<\/span> on its behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The rights granted to individuals<\/span> in this section shall extend to all natural persons<\/span> to the extent information about them is collected and maintained by an insurance institution<\/span>, agent<\/span> or insurance-support organization<\/span> in connection with an insurance transaction<\/span>. The rights granted to all natural persons<\/span> by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For purposes of this section, the term “insurance-support organization<\/span>” does not include “consumer reporting agency<\/span>.” <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO RECORDED PERSONAL INFORMATION (\u00a7 38.2-608)\n\nA. If any individual, after proper identification, submits a written request to\nan insurance institution, agent, or insurance-support organization for access to\nrecorded personal information about the individual that is reasonably described\nby the individual and reasonably able to be located and retrieved by the\ninsurance institution, agent, or insurance-support organization, the insurance\ninstitution, agent, or insurance-support organization shall within 30 business\ndays from the date the request is received:\n\n 1. Inform the individual of the nature and substance of the recorded personal\n information in writing, by telephone, or by other oral communication,\n whichever the insurance institution, agent, or insurance-support organization\n prefers;\n\n 2. Permit the individual to see and copy, in person, the recorded personal\n information pertaining to him or to obtain a copy of the recorded personal\n information by mail, whichever the individual prefers, unless the recorded\n personal information is in coded form, in which case an accurate translation\n in plain language shall be provided in writing;\n\n 3. Disclose to the individual the identity, if recorded, of those persons to\n whom the insurance institution, agent, or insurance-support organization has\n disclosed the personal information within two years prior to such request, and\n if the identity is not recorded, the names of those insurance institutions,\n agents, insurance-support organizations or other persons to whom such\n information is normally disclosed; and\n\n 4. Provide the individual with a summary of the procedures by which he may\n request correction, amendment, or deletion of recorded personal information.\n\nB. Any personal information provided pursuant to subsection A of this section\nshall identify the source of the information if it is an institutional source.\n\nC. Medical-record information supplied by a medical-care institution or medical\nprofessional and requested under subsection A of this section, together with the\nidentity of the medical professional or medical care institution that provided\nthe information, shall be supplied either directly to the individual or to a\nmedical professional designated by the individual and licensed to provide\nmedical care with respect to the condition to which the information relates,\nwhichever the individual prefers. If the individual elects to have the\ninformation disclosed to a medical professional designated by him, the insurance\ninstitution, agent or insurance-support organization shall notify the\nindividual, at the time of the disclosure, that it has provided the information\nto the medical professional.\n\t\t\tHowever, disclosure directly to the individual may be denied if a treating\nphysician, clinical psychologist, clinical social worker, or licensed\nprofessional counselor has determined, in the exercise of professional judgment,\nthat the disclosure requested would be reasonably likely to endanger the life or\nphysical safety of the individual or another person or that the information\nrequested makes reference to a person other than a health care provider and\ndisclosure of such information would be reasonably likely to cause substantial\nharm to the referenced person.\n\t\t\tIf disclosure to the individual is denied, upon the individual’s\nrequest, the insurance institution, agent or insurance support organization\nshall either (i) designate a physician, clinical psychologist, clinical social\nworker, or licensed professional counselor acceptable to the insurance\ninstitution, agent or insurance support organization, who was not directly\ninvolved in the denial, and whose licensure, training, and experience relative\nto the individual’s condition are at least equivalent to that of the\nphysician, clinical psychologist, clinical social worker, or licensed\nprofessional counselor who made the original determination, who shall, at the\nexpense of the insurance institution, agent or insurance support organization,\nmake a judgment as to whether to make the information available to the\nindividual; or (ii) if the individual so requests, make the information\navailable, at the individual’s expense to a physician, clinical\npsychologist, clinical social worker, or licensed professional counselor\nselected by the individual, whose licensure, training and experience relative to\nthe individual’s condition are at least equivalent to that of the\nphysician, clinical psychologist, clinical social worker, or licensed\nprofessional counselor who made the original determination, who shall make a\njudgment as to whether to make the information available to the individual. The\ninsurance institution, agent, or insurance support organization shall comply\nwith the judgment of the reviewing physician, clinical psychologist, clinical\nsocial worker, or licensed professional counselor made in accordance with the\nforegoing procedures.\n\nD. Except for personal information provided under § 38.2-610, an insurance\ninstitution, agent, or insurance-support organization may charge a reasonable\nfee to cover the costs incurred in providing a copy of recorded personal\ninformation to individuals.\n\nE. The obligations imposed by this section upon an insurance institution or\nagent may be satisfied by another insurance institution or agent authorized to\nact on its behalf. With respect to the copying and disclosure of recorded\npersonal information pursuant to a request under subsection A of this section,\nan insurance institution, agent, or insurance-support organization may make\narrangements with an insurance-support organization or a consumer reporting\nagency to copy and disclose recorded personal information on its behalf.\n\nF. The rights granted to individuals in this section shall extend to all natural\npersons to the extent information about them is collected and maintained by an\ninsurance institution, agent or insurance-support organization in connection\nwith an insurance transaction. The rights granted to all natural persons by this\nsubsection shall not extend to information about them that relates to and is\ncollected in connection with or in reasonable anticipation of a claim or civil\nor criminal proceeding involving them.\n\nG. For purposes of this section, the term “insurance-support\norganization” does not include “consumer reporting agency.”\n\nHISTORY: 1981, c. 389, \u00a7 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014; 2020, c.\n945; 2022, c. 509.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}