ORS 746.665
Limitations and conditions on disclosure of certain information


(1)

A licensee or insurance-support organization may not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure meets one or more of the following conditions:

(a)

Is with the written authorization of the individual, and:

(A)

If the authorization is submitted by another licensee or insurance-support organization, the authorization meets the requirements of ORS 746.630 (Authorization for disclosure of certain information); or

(B)

If the authorization is submitted by a person other than a licensee or insurance-support organization, the authorization is:
(i)
Dated;
(ii)
Signed by the individual; and
(iii)
Obtained one year or less prior to the date a disclosure is sought pursuant to this subsection.

(b)

Is to a person other than a licensee or insurance-support organization, if the disclosure is reasonably necessary to enable the person to:

(A)

Perform a business, professional or insurance function for the disclosing licensee or insurance-support organization and the person agrees not to disclose the information further without the individual’s written authorization unless the further disclosure:
(i)
Would otherwise be permitted by this section if made by a licensee or insurance-support organization; or
(ii)
Is reasonably necessary for the person to perform its function for the disclosing licensee or insurance-support organization; or

(B)

Provide information to the disclosing licensee or insurance-support organization for the purpose of:
(i)
Determining an individual’s eligibility for an insurance benefit or payment; or
(ii)
Detecting or preventing criminal activity, fraud, material misrepresentation or material nondisclosure in connection with an insurance transaction.

(c)

Is to a licensee, insurance-support organization or self-insurer, if the information disclosed is limited to that which is reasonably necessary:

(A)

To detect or prevent criminal activity, fraud, material misrepresentation or material nondisclosure in connection with insurance transactions; or

(B)

For either the disclosing or receiving licensee or insurance-support organization to perform its function in connection with an insurance transaction involving the individual.

(d)

Is to a health care provider and discloses only such information as is reasonably necessary to accomplish one or more of the following purposes:

(A)

Verifying insurance coverage or benefits.

(B)

Informing an individual of a medical problem of which the individual may not be aware.

(C)

Conducting an operations or services audit.

(e)

Is to an insurance regulatory authority.

(f)

Is to a law enforcement or other governmental authority:

(A)

To protect the interests of the licensee or insurance-support organization in preventing or prosecuting the perpetration of fraud upon it; or

(B)

If the licensee or insurance-support organization reasonably believes that illegal activities have been conducted by the individual.

(g)

Is otherwise permitted or required by law.

(h)

Is in response to a facially valid administrative or judicial order, including a search warrant or subpoena.

(i)

Is made for the purpose of conducting actuarial or research studies, if:

(A)

No individual may be identified in any resulting actuarial or research report;

(B)

Materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed; and

(C)

The actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by a licensee or insurance-support organization.

(j)

Is to a party or a representative of a party to a proposed or consummated sale, transfer, merger or consolidation of all or part of the business of the licensee or insurance-support organization, if:

(A)

Prior to the consummation of the sale, transfer, merger or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger or consolidation; and

(B)

The recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by this section if made by a licensee or insurance-support organization.

(k)

Is to a nonaffiliated third party whose only use of the information will be in connection with the marketing of a product or service, if all of the following conditions are met:

(A)

No privileged information or personal information is disclosed, and no classification derived from such information may be disclosed.

(B)

The individual must have been given the notice described in ORS 746.620 (Notice of insurance information practices) and an opportunity to indicate that the individual does not want personal information disclosed for marketing purposes and must have given no indication that the individual does not want the information disclosed. The individual need not have been given the opportunity described in this subparagraph if the disclosure is made pursuant to a joint marketing agreement. As used in this subparagraph, “joint marketing agreement” means a formal written contract pursuant to which an insurer jointly offers, endorses or sponsors a financial product or service with a financial institution. When the opportunity is required, the statement that offers the opportunity must state that the insurer may disclose personal information to nonaffiliates and that the individual has a right to indicate that the individual does not want personal information disclosed for marketing purposes, and must describe the method for exercising that right. The statement must be in writing but may be in an electronic form if the individual agrees. The individual who is given the opportunity must be provided a reasonable time to exercise the opportunity. An individual may exercise the opportunity at any time. A statement by an individual barring disclosure of personal information remains effective until the individual who made the statement revokes the statement in writing or, if the individual agrees, in electronic form.

(C)

The person receiving the information must agree not to use it except in connection with the marketing of a product or service.

(L)

Is to an affiliate whose only use of the information will be in connection with an audit of the licensee or the marketing of a financial product or service, and the affiliate agrees not to disclose the information for any other purpose or to unaffiliated persons. This paragraph does not apply to the disclosure of individually identifiable health information for the purpose of marketing a financial product or service.

(m)

Is by a consumer reporting agency, and the disclosure is to a person other than a licensee.

(n)

Is to a group policyholder for the purpose of reporting claims experience or conducting an audit of the licensee’s operations or services, and the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit.

(o)

Is to a professional peer review organization for the purpose of reviewing the service or conduct of a health care provider.

(p)

Is to a governmental authority for the purpose of determining the individual’s eligibility for health benefits for which the governmental authority may be liable.

(q)

Is to a policyholder or certificate holder for the purpose of providing information regarding the status of an insurance transaction.

(2)

Personal or privileged information may be acquired by a group practice prepayment health care service contractor from providers which contract with the contractor and may be transferred among providers which contract with the contractor for the purpose of administering plans offered by the contractor. The information may not be disclosed otherwise by the contractor except in accordance with ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited). [1981 c.649 §15; 1987 c.490 §53; 2001 c.377 §28; 2003 c.87 §14]

Source: Section 746.665 — Limitations and conditions on disclosure of certain information, https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html.

746.005
Trade practices exempted from prohibitions
746.015
Discrimination
746.018
Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited
746.021
Discrimination under health benefit plans
746.023
Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance
746.025
Securities or other contracts as inducement to insurance
746.035
Inducements not specified in policy
746.045
Prohibition on rebates
746.055
Title insurance commissions, rebates and discounts
746.065
Personal or controlled insurance
746.075
Misrepresentation generally
746.085
Regulating replacement of life insurance
746.100
Misrepresentation in insurance applications or transactions
746.110
False, deceptive or misleading statements
746.115
Advertisements in languages other than English
746.120
Illegal dealing in premiums
746.125
Limitation on coverage of eye care services
746.130
Insurance connected to sale or rental of property
746.135
Genetic tests and information
746.137
Reimbursement of private emergency responder’s actual expenses in emergency response
746.140
Sale of life insurance with securities
746.145
Workers’ compensation insurance
746.147
Workers’ compensation insurance
746.150
Other insurance
746.155
Applicability of ORS 746.145 and 746.150
746.160
Practices injurious to free competition
746.195
Insurance on property securing loan or credit
746.201
Depository institution to obtain required property insurance when borrower does not
746.213
Definitions for ORS 746.213 to 746.219
746.215
Regulation of depository institutions with regard to insurance sales or solicitations
746.217
Disclosures to customers
746.219
Investigatory powers
746.220
Debtor’s option in furnishing credit life or credit health insurance
746.230
Unfair claim settlement practices
746.233
Unfair claim settlement practices with respect to prior authorizations of health care items or services
746.240
Undefined trade practices injurious to public prohibited
746.260
Driving record not to be considered in issuance of motor vehicle insurance
746.265
Purposes for which abstract of nonemployment driving record may be considered
746.270
Use of past investment or predicted future investment experience in sale of variable life insurance policies
746.275
Definitions for ORS 746.275 to 746.300
746.280
Designation of particular motor vehicle repair shop by insurer prohibited
746.285
Notice of prohibition in motor vehicle repair shops
746.287
Insurer requirement of installation of aftermarket crash part in vehicle
746.289
Insurer offer of crash part warranty
746.290
Notice of prohibition in policies and by adjusters
746.292
Motor vehicle repair shops
746.295
Proof and amount of loss under motor vehicle liability policies
746.300
Liability of insurers and motor vehicle repair shops for damages
746.305
Rules
746.308
Violation of provisions regarding totaled vehicles as violation of Insurance Code
746.310
Representing or aiding unauthorized insurer prohibited
746.320
Service of process equivalent to personal service on unauthorized foreign or alien insurer
746.330
Judgment by default after service of process under ORS 746.320
746.340
Conditions to be met by defendant unauthorized insurer before filing motions or pleadings
746.350
Attorney fee allowable to prevailing party
746.360
Exceptions to application of unauthorized insurer service of process law
746.370
Records of insureds
746.405
Definitions for ORS 746.405 to 746.530
746.422
Inquiries from director to premium finance company
746.425
Applicability of ORS 746.405 to 746.530
746.465
Records required of premium finance companies
746.470
Prohibition against interfering with premium financing recommendation
746.475
Premium finance agreements
746.485
Regulation of service charge for premium financing
746.495
Delinquency charges regulated
746.505
Cancellation of policy by premium finance company
746.515
Return of unearned premiums on cancellation
746.525
Agreement effective as security interest
746.530
Attorney fees
746.600
Definitions for ORS 746.600 to 746.690
746.605
Purpose
746.606
Information privacy standards for health insurers
746.607
Use and disclosure of personal information
746.608
Rules
746.609
Exemptions for health insurers
746.610
Application of ORS 746.600 to 746.690
746.611
Personal representative of deceased person
746.612
No right of action
746.615
Pretext interviews prohibited
746.620
Notice of insurance information practices
746.625
Marketing and research surveys
746.630
Authorization for disclosure of certain information
746.632
Genetic information used for treatment
746.635
Investigative consumer reports
746.640
Access to recorded personal information
746.645
Correction, amendment or deletion of recorded personal information
746.650
Reasons for adverse underwriting decisions
746.655
Information concerning previous adverse underwriting decisions
746.660
Basing adverse underwriting decision on previous adverse decision
746.661
Use of credit history or insurance score
746.662
Filing of insurance scoring models
746.663
Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score
746.665
Limitations and conditions on disclosure of certain information
746.668
Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act
746.670
Investigatory powers
746.675
Service of process on out-of-state insurance-support organizations
746.680
Remedies
746.685
Liability for disclosure of information
746.686
Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy
746.687
Cancellation of homeowner insurance policy
746.688
Use of loss history reports
746.690
Obtaining information under false pretenses prohibited
746.991
Penalties
Green check means up to date. Up to date