2014 Connecticut General Statutes
Title 38a - Insurance
Chapter 706c - Connecticut Health Insurance Exchange
Section 38a-1090 - Applicability of Freedom of Information Act to exchange. Authority of commissioner.

(a) The exchange shall continue as long as it shall have legal authority to exist pursuant to the general statutes and until its existence is terminated by law. Upon the termination of the existence of the exchange, all its rights and properties shall pass to and be vested in the state of Connecticut.

(b) The exchange shall be subject to the Freedom of Information Act, as defined in section 1-200, except that:

(1) The following information under sections 38a-1081 to 38a-1089, inclusive, shall not be subject to disclosure under section 1-210: (A) The names and applications of individuals and employers seeking coverage through the exchange; (B) individuals’ health information; and (C) information exchanged between the exchange and the (i) Departments of Social Services, Public Health and Revenue Services, (ii) Insurance Department, (iii) office of the Comptroller, or (iv) any other state agency that is subject to confidentiality agreements under contracts entered into with the exchange; and

(2) (A) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 38a-1091 of health information, as defined in 45 CFR 160.103, as amended from time to time, provided such health information is permitted to be disclosed under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, or regulations adopted thereunder, shall have identifiers removed, as set forth in 45 CFR 164.514, as amended from time to time; and

(B) Any disclosures made pursuant to subdivision (4) of subsection (b) of section 38a-1091 of information other than health information shall be made in a manner to protect the confidentiality of such other information as required by state and federal law.

(c) Unless expressly specified, nothing in this section or sections 38a-1080 to 38a-1089, inclusive, and no action taken by the exchange pursuant to said sections shall be construed to preempt, supersede or affect the authority of the commissioner to regulate the business of insurance in the state. All health carriers offering qualified health plans in the state shall comply with all applicable health insurance laws of the state and regulations adopted and orders issued by the commissioner.

(P.A. 11-53, S. 13; P.A. 13-247, S. 143.)

History: P.A. 11-53 effective July 1, 2011; P.A. 13-247 amended Subsec. (b) by designating existing provision re exemptions from disclosure under Freedom of Information Act as Subdiv. (1) and making conforming changes therein, and adding Subdiv. (2) re requirements for disclosures made for purposes of the all-payer claims database, effective June 19, 2013.