                                 CODE OF VIRGINIA

CONFIDENTIALITY (§ 38.2-6512)

A. Notwithstanding any other provision of law, the records of the Exchange shall
be open to public inspection, except that the following information shall not be
subject to disclosure: (i) the names and applications of individuals and
employers seeking coverage through the Exchange, (ii) individuals&#8217; health
information, (iii) information exchanged between the Exchange and any other
state agency that is subject to confidentiality agreements under contracts
entered into with the Exchange, and (iv) communications covered by an applicable
legal or other privilege or such internal communications related to the Exchange
that are designated confidential in regulations promulgated by the Commission to
implement the provisions of this chapter.

B. The Exchange may enter into information-sharing agreements with federal and
state agencies and other states&#8217; health benefit exchanges to carry out its
responsibilities under this chapter, provided that such agreements include
adequate protections with respect to the confidentiality of the information to
be shared and comply with all state and federal laws and regulations.

HISTORY: 2020, cc. 916, 917.