Published January, 2015

Confidentiality for Individuals Insured as Dependents: A Review of State Laws and Policies, Abigail English, Rachel Benson Gold, Elizabeth Nash and Jane Levine, Guttmacher Institute, 2012

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.