Law / United States / 
Kentucky
Patient's right of privacy in mental health and chemical dependency records: insurer requests and redisclosure
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- If you are an insurer, request from a provider only such limited information from a patient's record as is necessary for determining covered services and benefits, medical necessity, appropriateness and quality of care for authorization or continuation of mental health and chemical dependency services, or for payment for those services (KRS 304.17A-555(1)).
- If a provider discloses a patient's records to you, do not redisclose or otherwise reveal the patient's mental health and chemical dependency records beyond the purpose for which the disclosure was made without first obtaining the patient's specific written consent to the redisclosure (KRS 304.17A-555(2)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Kentucky Commissioner of Insurance (Department of Insurance), who may impose a civil penalty under KRS 304.99-020(1) for a violation of the Insurance Code where the commissioner has the power to revoke or suspend a license or certificate of authority.
What this law does
The statute recognizes a patient's right of privacy in the content of a patient's record and communications between a patient and a health care provider with regard to mental health or chemical dependency.
An insurer may request the provider to furnish the insurer only such limited information concerning the patient from a patient's record as is necessary for determining covered services and benefits, medical necessity, appropriateness, and quality of care for authorization or continuation of mental health and chemical dependency health services, or for payment for those services.
No third party to whom disclosure of patient records is made by a provider may redisclose or otherwise reveal the mental health and chemical dependency records of a patient, beyond the purpose for which the disclosure was made, without first obtaining the patient's specific written consent to the redisclosure. The statute was created by chapter 496 of the 1998 Acts, effective .
When LexLint raises it
When your app profile says your app is an insurer or handles health records.