Tex. Ins. Code Section 544.154
Confidentiality of Certain Information


(a)

Except as provided by Subsection (b), a health benefit plan issuer, life insurer, or person employed by or under contract with a health benefit plan issuer or life insurer may not release information relating to the status as a victim of family violence of an individual who is clearly a victim of family violence, including:

(1)

information about specific acts of family violence directed at the individual;

(2)

the individual’s address or telephone number at home or at work; and

(3)

information about the individual’s employment, associations, family membership, or relationships.

(b)

A health benefit plan issuer or life insurer may release information to which Subsection (a) applies only:

(1)

to the individual;

(2)

to another individual designated in writing by the individual;

(3)

to a licensed physician designated by the individual;

(4)

to a physician or other health care provider for the provision of health care services;

(5)

to an attorney who needs the information to effectively represent the issuer or insurer, if the issuer or insurer notifies the attorney of the requirements of this subchapter and requests that the attorney exercise due diligence to protect the information consistent with the attorney’s obligation to represent the issuer or insurer;

(6)

to an individual covered under, or the owner of, the health benefit plan or life insurance contract or policy that contains information about status as a victim of family violence;

(7)

to an individual or entity to whom the commissioner considers the release appropriate;

(8)

as required by other law or an order of the commissioner or a court; or

(9)

as necessary for a valid business purpose if:

(A)

the information cannot be segregated from other information about the individual without undue hardship to the issuer or insurer;

(B)

the recipient of the information is:
(i)
a reinsurer that seeks to indemnify or indemnifies all or part of a health benefit plan or life insurance contract or policy covering the individual if the reinsurer cannot underwrite or satisfy obligations under the reinsurance agreement without the release of the information;
(ii)
a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the issuer or insurer;
(iii)
medical or claims personnel under contract with the issuer or insurer, including a parent or affiliate company under a service agreement with the issuer or insurer, if the release of the information is necessary to process an application, to perform duties under the health benefit plan or life insurance contract or policy, or to protect the safety or privacy of a victim of family violence; or
(iv)
an entity with which the issuer transacts business if the information is only the address or telephone number of the individual and the entity cannot transact the business without the address or telephone number; and

(C)

the recipient of the information agrees in writing to be subject to the requirements of this subchapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Source: Section 544.154 — Confidentiality of Certain Information, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­544.­htm#544.­154 (accessed Jun. 5, 2024).

544.001
Applicability of Subchapter
544.002
Unfair Discrimination
544.003
Exceptions
544.004
Enforcement Actions
544.051
Applicability of Subchapter
544.052
Unfair Discrimination
544.053
Exceptions
544.054
Judicial Action
544.101
Definitions
544.102
Applicability of Subchapter
544.103
Prohibition on Use of Certain Guidelines
544.151
Definition
544.152
Applicability of Subchapter
544.153
Prohibitions
544.154
Confidentiality of Certain Information
544.155
Underwriting Criteria
544.156
Health Benefit Plan Issuer or Life Insurer Not Liable for Death or Bodily Injury
544.157
Right to Continued Coverage Unaffected
544.158
Unfair or Deceptive Act or Practice
544.201
Definition
544.202
Prohibition
544.203
Unfair or Deceptive Act or Practice
544.204
Payment for Disease Not Required
544.251
Definitions
544.252
Applicability of Subchapter
544.253
Prohibition
544.254
Unfair or Deceptive Act or Practice
544.301
Definitions
544.302
Applicability of Subchapter
544.303
Prohibition of Certain Underwriting Decisions Based on Previous Mold Claim or Damage
544.304
Rules
544.305
Penalty
544.351
Purpose
544.352
Definitions
544.353
Restrictions on Use of Claims History for Water Damage
544.354
Rules
544.401
Offense: Certain Discrimination
544.451
Definition
544.452
Applicability of Subchapter
544.453
Prohibition
544.501
Definition
544.502
Limitation on Certain Inquiries
544.503
Violation of Subchapter
544.551
Definition
544.552
Applicability
544.553
Prohibition of Underwriting and Rating Decisions Based on Consumer Inquiry
544.601
Applicability of Subchapter
544.602
Prohibition
544.603
Exceptions
544.604
Enforcement Actions
544.651
Definition
544.652
Applicability of Subchapter
544.653
Prohibitions

Accessed:
Jun. 5, 2024

§ 544.154’s source at texas​.gov