Montana Code Annotated 1997

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     33-19-204. Content and disclosure of authorization forms. Notwithstanding any other provision of law of this state, an insurance institution, insurance producer, or insurance-support organization may not utilize as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the insurance institution, insurance producer, 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 insurance producer 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 remains valid, which may 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:
     (i) 30 months from the date the authorization is signed if the application or request involves life, health, or disability insurance;
     (ii) 1 year 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:
     (i) the term of coverage of the policy if the claim is for a health insurance benefit;
     (ii) the duration of the claim if the claim is not for a health 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: En. Sec. 8, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.

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