 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
INSURANCE CODE |
|
Title 5. PROTECTION OF CONSUMER INTERESTS |
|
Subtitle C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES |
|
Chapter 546. USE OF GENETIC TESTING INFORMATION |
|
Subchapter C. DISCLOSURE OF GENETIC INFORMATION; CONFIDENTIALITY; EXCEPTIONS |
Sec. 546.103. EXCEPTIONS TO CONFIDENTIALITY
-
(a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization under Section 546.104 if the disclosure is:
(1) authorized under a state or federal criminal law relating to:
(A) the identification of individuals; or
(B) a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child-abuse team;
(2) required under a specific order of a state or federal court;
(3) for the purpose of establishing paternity as authorized under a state or federal law;
(4) made to provide genetic information relating to a decedent and the disclosure is made to the blood relatives of the decedent for medical diagnosis; or
(5) made to identify a decedent.
(b) A health benefit plan issuer may redisclose genetic information without an authorization under Section 546.104:
(1) for actuarial or research studies if:
(A) a tested individual could not be identified in any actuarial or research report; and
(B) any materials that identify a tested individual are returned or destroyed as soon as reasonably practicable;
(2) to the department for the purpose of enforcing this chapter; or
(3) for a purpose directly related to enabling a business decision to be made about:
(A) purchasing, transferring, merging, or selling all or part of an insurance business; or
(B) obtaining reinsurance affecting that insurance business.
(c) A redisclosure authorized under Subsection (b) may contain only information reasonably necessary to accomplish the purpose for which the information is disclosed.