FREEDOM OF INFORMATION COMMISSION OF THE STATE OF CONNECTICUT
In the Matter of a Request     for Advisory Opinion
	Advisory Opinion   #78
Secretary, Office of Policy and Management, Applicant

On December 13, 1989, the Commission considered and agreed to respond to a request for an advisory opinion filed by the Secretary of the Office of Policy and Management ("OPM").

In his request, the applicant notes the enactment of P.A. 89-352. This act establishes a five-year demonstration program implementing the "Connecticut Partnership for Long Term Care" ("Partnership"). The Partnership will allow people who purchase long term care insurance in amounts commensurate with their assets to protect those assets if they are compelled to receive Medicaid. Under P.A. 89-352, OPM, in conjunction with the Insurance Department, will compile and analyze data to ascertain the effectiveness of the program.

Virtually all of the records to be kept by the state in carrying out its responsibilities under this program will contain personally identifiable information. OPM wants those who purchase pre-certified long term care insurance policies to sign waivers authorizing the release of their insurance records to the state for purposes of documenting claims for asset protection under the state's Medicaid program, evaluating the Partnership and meeting Medicaid audit requirements. In order to obtain such waivers, the applicant wishes to assure the confidentiality of the information contained in such records.

In essence then, the applicant seeks the Commission's opinion as to whether the information obtained from insurance records provided to state agencies pursuant to the demonstration program established under P.A. 89-352 can be kept confidential under the Freedom of Information (hereinafter "FOI") Act and as promised in the proposed waiver.

Conn. Gen. Stat. §1‑19(b)(2) provides that nothing in the FOI Act requires disclosure of "personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy.... "

Based on the submitted description of the information at issue, the Commission believes that such information constitutes medical or similar files. The Commission also believes that disclosure of such information in any manner that personally identifies, or reasonably leads to the identity of, the subjects of such records, would constitute an invasion of personal privacy within the meaning of Conn. Gen. Stat. §1-19(b)(2).

Consequently, it is the Commission's opinion that state agencies, consistent with the FOI Act, may keep confidential personally identifiable information obtained from insurance records provided to them pursuant to the demonstration program established under P.A. 89-352 and as promised in the proposed waiver. This opinion, however, should not be construed to bar disclosure of information that is not personally identifiable, or would not reasonably lead to the identity of the subject of such records, such as non‑personally identifiable statistical compilations.

                                                                                            By Order of the Freedom of
                                                                                            Information Commission

________________________
                                                                                            Curtis Cofield, Chairman

Dated: ___________________

Ordered:_________________

Karen Haggett,
Clerk of the Commission