This report reviews state-level legal requirements related to confidentiality in private insurance. It assesses state statutes and regulations that can have the effect of abrogating confidentiality through a number of different avenues. These include provisions that require insurers to send explanations of benefits (EOBs) to policyholders, as well as those related to how insurers acknowledge, deny or pay for claims that have been submitted. The report also looks at provisions affecting procedures for insurers to request additional information and those that address the handling of claims in the context of divorce or child custody. Finally, this report examines steps some states have taken to protect confidential access to care for individuals insured as dependents.
The Center for HIV Law and Policy challenges barriers to the rights and health of people affected by HIV through legal advocacy, high-impact policy initiatives, and creation of cross-issue partnerships, networks, and resources. We support movement building that amplifies the power of individuals and communities to mobilize for change that is rooted in racial, gender, and economic justice.