(a)
Scope. This part
* applies to creditors, as defined
in paragraph
(c)(3) of this section, except for creditors that are
subject to section 41.30, 222.30, 334.30, 571.30, or 717.30.
(b) In general. A creditor
may not obtain or use medical information pertaining to a consumer
in connection with any determination of the consumer’s eligibility,
or continued eligibility, for credit, except as provided in this section.
6-3501
(c) Definitions.
(1) Consumer means an individual.
(2) Credit has
the same meaning as in section 702 of the Equal Credit Opportunity
Act, 15 USC 1691a.
(3) Creditor has the same meaning as in section 702 of the
Equal Credit Opportunity Act, 15 USC 1691a.
(4) Eligibility, or continued eligibility,
for credit means the consumer’s qualification or fitness to receive,
or continue to receive, credit, including the terms on which credit
is offered. The term does not include—
(i) any determination
of the consumer’s qualification or fitness for employment, insurance
(other than a credit insurance product), or other noncredit products
or services;
(ii)
authorizing, processing, or documenting a payment or transaction on
behalf of the consumer in a manner that does not involve a determination
of the consumer’s eligibility, or continued eligibility, for credit;
or
(iii) maintaining
or servicing the consumer’s account in a manner that does not involve
a determination of the consumer’s eligibility, or continued eligibility,
for credit.
(5) Medical information means—
(i) information or
data, whether oral or recorded, in any form or medium, created by
or derived from a health care provider or the consumer, that relates
to—
(A) the past, present, or future physical,
mental, or behavioral health or condition of an individual;
(B) the provision of health care
to an individual; or
(C)
the payment for the provision of health care to an individual.
(ii)
The term does not include—
(A) the age or gender of a consumer;
(B) demographic information
about the consumer, including a consumer’s residence address or e-mail
address;
(C) any other
information about a consumer that does not relate to the physical,
mental, or behavioral health or condition of a consumer, including
the existence or value of any insurance policy; or
(D) information that does not identify a specific
consumer.
(6) Person means any individual,
partnership, corporation, trust, estate cooperative, association,
government or governmental subdivision or agency, or other entity.
