{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/38.2-6005.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/38.2-6005.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/38.2-6005.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/38.2-6005.html"}],"law_id":362886,"edition_id":2,"section_id":362886,"structure_id":51804,"section_number":"38.2-6005","catch_line":"Privacy","history":"2003, c. 717.","full_text":"Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured’s identity, shall not disclose that identity as an insured, or the insured’s financial or medical information to any other person unless the disclosure:\n\n1\n\nIs necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;\n\n2\n\nIs provided in response to an investigation or examination by the Commission or another governmental agency or officer or pursuant to the requirements of subsection C of § 38.2-6011;\n\n3\n\nIs a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;\n\n4\n\nIs necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;\n\n5\n\nIs necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or\n\n6\n\nIs required to purchase stop loss coverage.\n\n","order_by":null,"text":{"0":{"id":1351697,"text":"Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured’s identity, shall not disclose that identity as an insured, or the insured’s financial or medical information to any other person unless the disclosure:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":1351698,"text":"Is necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":1351699,"text":"Is provided in response to an investigation or examination by the Commission or another governmental agency or officer or pursuant to the requirements of subsection C of § 38.2-6011;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":1351700,"text":"Is a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":1351701,"text":"Is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":1351702,"text":"Is necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":1351703,"text":"Is required to purchase stop loss coverage.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":51804,"edition_id":2,"name":"Viatical Settlements Act","identifier":"60","label":"chapter","depth":2,"order_by":62,"parent_id":51644,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 02:49:05","date_modified":"2026-08-02 12:33:22","permalink":{"id":1445165,"object_type":"structure","relational_id":51804,"identifier":"60","token":"38.2\/60","url":"\/38.2\/60\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51644,"edition_id":2,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":88,"parent_id":null,"metadata":{"child_laws":1890,"child_structures":173},"date_created":"2026-08-02 02:45:30","date_modified":"2026-08-02 12:32:55","permalink":{"id":1437663,"object_type":"structure","relational_id":51644,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":362881,"structure_id":51804,"section_number":"38.2-6000","catch_line":"Definitions","url":"\/38.2-6000\/","token":"38.2\/60\/38.2-6000","metadata":false},{"id":362882,"structure_id":51804,"section_number":"38.2-6001","catch_line":"Viatical settlement brokers","url":"\/38.2-6001\/","token":"38.2\/60\/38.2-6001","metadata":false},{"id":362883,"structure_id":51804,"section_number":"38.2-6002","catch_line":"Viatical settlement providers, license requirements","url":"\/38.2-6002\/","token":"38.2\/60\/38.2-6002","metadata":false},{"id":362884,"structure_id":51804,"section_number":"38.2-6003","catch_line":"Approval of viatical settlement contracts and disclosure statements","url":"\/38.2-6003\/","token":"38.2\/60\/38.2-6003","metadata":false},{"id":362885,"structure_id":51804,"section_number":"38.2-6004","catch_line":"Reporting requirements","url":"\/38.2-6004\/","token":"38.2\/60\/38.2-6004","metadata":false},{"id":362886,"structure_id":51804,"section_number":"38.2-6005","catch_line":"Privacy","url":"\/38.2-6005\/","token":"38.2\/60\/38.2-6005","metadata":false},{"id":362887,"structure_id":51804,"section_number":"38.2-6006","catch_line":"Examinations; record retention; investigations","url":"\/38.2-6006\/","token":"38.2\/60\/38.2-6006","metadata":false},{"id":362888,"structure_id":51804,"section_number":"38.2-6007","catch_line":"Disclosure","url":"\/38.2-6007\/","token":"38.2\/60\/38.2-6007","metadata":false},{"id":362889,"structure_id":51804,"section_number":"38.2-6008","catch_line":"General rules","url":"\/38.2-6008\/","token":"38.2\/60\/38.2-6008","metadata":false},{"id":362890,"structure_id":51804,"section_number":"38.2-6009","catch_line":"Prohibited practices","url":"\/38.2-6009\/","token":"38.2\/60\/38.2-6009","metadata":false},{"id":362892,"structure_id":51804,"section_number":"38.2-6010","catch_line":"Advertising for viatical settlements","url":"\/38.2-6010\/","token":"38.2\/60\/38.2-6010","metadata":false},{"id":362893,"structure_id":51804,"section_number":"38.2-6011","catch_line":"Fraud prevention and control","url":"\/38.2-6011\/","token":"38.2\/60\/38.2-6011","metadata":false},{"id":362894,"structure_id":51804,"section_number":"38.2-6012","catch_line":"Civil remedies","url":"\/38.2-6012\/","token":"38.2\/60\/38.2-6012","metadata":false},{"id":362895,"structure_id":51804,"section_number":"38.2-6013","catch_line":"Unfair trade practices","url":"\/38.2-6013\/","token":"38.2\/60\/38.2-6013","metadata":false},{"id":362896,"structure_id":51804,"section_number":"38.2-6014","catch_line":"Commission authority","url":"\/38.2-6014\/","token":"38.2\/60\/38.2-6014","metadata":false},{"id":362897,"structure_id":51804,"section_number":"38.2-6015","catch_line":"Immunity from liability","url":"\/38.2-6015\/","token":"38.2\/60\/38.2-6015","metadata":false},{"id":362898,"structure_id":51804,"section_number":"38.2-6016","catch_line":"Applicability of securities laws","url":"\/38.2-6016\/","token":"38.2\/60\/38.2-6016","metadata":false}],"previous_section":{"id":362885,"structure_id":51804,"section_number":"38.2-6004","catch_line":"Reporting requirements","url":"\/38.2-6004\/","token":"38.2\/60\/38.2-6004","metadata":false},"next_section":{"id":362887,"structure_id":51804,"section_number":"38.2-6006","catch_line":"Examinations; 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This law was first created in 2003. The record of its establishment is cataloged in chapter 717<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":362893,"section_number":"38.2-6011","catch_line":"Fraud prevention and control","order_by":null,"url":"\/38.2-6011\/"}],"permalink":{"id":1445187,"object_type":"law","relational_id":362886,"identifier":"38.2-6005","token":"38.2\/60\/38.2-6005","url":"\/38.2-6005\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/38.2-6005\/","token":"38.2\/60\/38.2-6005","dublin_core":{"Title":"Privacy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6005","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except as otherwise allowed or required by law<\/span>, a viatical settlement provider<\/span>, viatical settlement broker<\/span>, insurance company<\/span>, insurance producer, information bureau<\/span>, rating agency or company, or any other person<\/span> with actual knowledge of an insured’s identity, shall not disclose that identity as an insured, or the insured’s financial or medical information to any other person<\/span> unless the disclosure:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is necessary to effect a viatical settlement between the viator<\/span> and a viatical settlement provider<\/span> and the viator<\/span> and insured have provided prior written consent to the disclosure; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Is provided in response to an investigation or examination by the Commission<\/span> or another governmental agency or officer or pursuant to the requirements of subsection C of § 38.2-6011<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Is a term of or condition to the transfer of a policy<\/span> by one viatical settlement provider<\/span> to another viatical settlement provider<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is necessary to permit a financing entity<\/span>, related provider trust<\/span>, or special purpose entity<\/span> to finance the purchase of policies by a viatical settlement provider<\/span> and the viator<\/span> and insured have provided prior written consent to the disclosure; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Is necessary to allow the viatical settlement provider<\/span> or viatical settlement broker<\/span> or their authorized representatives to make contacts for the purpose of determining health status; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Is required to purchase stop loss coverage. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIVACY (\u00a7 38.2-6005)\n\nExcept as otherwise allowed or required by law, a viatical settlement provider,\nviatical settlement broker, insurance company, insurance producer, information\nbureau, rating agency or company, or any other person with actual knowledge of\nan insured’s identity, shall not disclose that identity as an insured, or\nthe insured’s financial or medical information to any other person unless\nthe disclosure:\n\n1. Is necessary to effect a viatical settlement between the viator and a\nviatical settlement provider and the viator and insured have provided prior\nwritten consent to the disclosure;\n\n2. Is provided in response to an investigation or examination by the Commission\nor another governmental agency or officer or pursuant to the requirements of\nsubsection C of § 38.2-6011;\n\n3. Is a term of or condition to the transfer of a policy by one viatical\nsettlement provider to another viatical settlement provider;\n\n4. Is necessary to permit a financing entity, related provider trust, or special\npurpose entity to finance the purchase of policies by a viatical settlement\nprovider and the viator and insured have provided prior written consent to the\ndisclosure;\n\n5. Is necessary to allow the viatical settlement provider or viatical settlement\nbroker or their authorized representatives to make contacts for the purpose of\ndetermining health status; or\n\n6. Is required to purchase stop loss coverage.\n\nHISTORY: 2003, c. 717.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}