                                 CODE OF VIRGINIA

ACCESS TO RECORDED PERSONAL INFORMATION (§ 38.2-608)

A. 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:

   1. 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;

   2. 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;

   3. 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

   4. Provide the individual with a summary of the procedures by which he may
   request correction, amendment, or deletion of recorded personal information.

B. Any personal information provided pursuant to subsection A of this section
shall identify the source of the information if it is an institutional source.

C. 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.
			However, 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.
			If disclosure to the individual is denied, upon the individual&#8217;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&#8217;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&#8217;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&#8217;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. Except for personal information provided under &#xA7; 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. 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.

F. 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.

G. For purposes of this section, the term &#8220;insurance-support
organization&#8221; does not include &#8220;consumer reporting agency.&#8221;

HISTORY: 1981, c. 389, § 38.1-57.11; 1986, c. 562; 2004, cc. 65, 1014; 2020, c.
945; 2022, c. 509.