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Medical Information
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Section 603 of the Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996 defines the term "medical information" as information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities. See actual definition under Section 603 reproduced below for illustration purposes only.
Section 604 of the Fair Credit Reporting Act, as amended, prohibits any person from using or obtaining a consumer report for any purpose unless the report is obtained for a purpose for which the consumer report is authorized under Section 604 and the purpose is certified by the user under the requirements of Section 607. Medical Information may not be included in a consumer report unless the consumer specifically and separately authorizes that the report may contain medical information. See this illustrated in the portion of Section 604 of the Fair credit Reporting Act, as amended, reporoduced below for illustration purposes only.
A Portion of Section 603.
Definitions; rules of construction
(h) The term "employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
(i) The term "medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.
A Portion of Section
604.
Permissible Purposes
(g) Furnishing reports containing medical information. A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction or a direct marketing transaction, a consumer report that contains medical information about a consumer, unless the consumer consents to the furnishing of the report.
A copy of The Fair Credit Reporting Act, As Amended, and a copy of the FTC Official Staff Commentary to the Fair Credit Reporting Act are included, for illustration purposes only, under "Fair Credit Reporting Resources", from LAWDOG Credit Reporting Center, or here. Use browser "back" button to return. Read Notices, Caution and Disclaimer.
