354.515. Confidential information, diagnosis, treatment, health of enrollees or applicants, exceptions. - Missouri Statutes

Confidential information, diagnosis, treatment, health of enrolleesor applicants, exceptions.

354.515. 1. Any data or information pertaining to the diagnosis,treatment, or health of any enrollee or applicant obtained from suchperson, or from any provider, by any health maintenance organization shallbe held in confidence and shall not be disclosed to any person except asfollows:

(1) To the extent that it may be necessary to carry out the purposesof sections 354.400 to 354.636;

(2) Upon the express consent of the enrollee or applicant;

(3) Pursuant to statute or court order for the production of evidenceor the discovery thereof;

(4) In the event of a claim or litigation between such person and thehealth maintenance organization wherein such data or information ispertinent. A health maintenance organization shall be entitled to claimany statutory privileges against such disclosure which the provider whofurnishes such information to the health maintenance organization isentitled to claim, but no such claim or privilege against disclosure may bemade against the director by such health maintenance organization.

2. Every health maintenance organization shall establish and maintainprocedures to ensure that all mental health records of enrollees remainconfidential. Such procedures and any subsequent amendments thereto shallbe filed annually with the director.

(L. 1983 H.B. 127, A.L. 1997 H.B. 335)