TPCIGA-Privacy Policy

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1. Scope

This Privacy Policy explains how the Texas Property and Casualty Insurance Guaranty Association ("TPCIGA" or "we") use Personal Identity Information collected from persons making claims pursuant to TEX.INS.CODE chap. 462. Personal Identity Information refers to social security numbers. This Privacy Policy is provided pursuant to V.T.C.A., Bus. & C. Code Chapter 501.

2. Collection of Personal Identity Information

We collect social security numbers (SSNs) by requesting the information from the claimant or the claimant's representative. SSNs may also be contained in documents provided to us by the receiver of an insolvent insurance company, by medical providers, or by state or federal agencies, including workers' compensation commissions.

3. Use of Personal Identity Information

We use SSNs to confirm the identity of claimants and to send queries to a claims index bureau. We also use SSNs as required to comply with the reporting requirements of state and federal laws, including but not limited to the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), the Internal Revenue Code, and the rules and regulations governing the Texas Division of Workers' Compensation and other similar entities.

4. Protection of Personal Identity Information

Electronic Personal Identity Information is maintained on secured, password-protected computer systems. Paper records containing Personal Identity information are stored in restricted-access locations in our offices or at a secured document storage center. When possible, we redact the first five numbers of SSNs on correspondence and reports.

5. Access to Personal Identity Information

Access to Personal Identity Information may be given to TPCIGA's employees, contract employees, vendors, attorneys, agents and representatives for use in performing our statutory duties; to the Receiver; and to federal or state agencies or their designees as required by law. Personal Identity Information contained in medical and claim records may also be furnished to medical providers and consultants; to litigants in response to discovery requests under state or federal rules of civil procedure; and to employers pursuant to state and federal workers' compensation laws.

6. Disposal of Personal Identity Information

Personal Identity Information is contained in claim records, which may be maintained in electronic or paper form. Claim records are the property of the statutory receiver or its designee ("Receiver"). Pursuant to TPCIGA's Record Retention Policy Regarding Claim Files, paper claim records are returned to the Receiver. If the destruction of such records is authorized by the Receiver or a court of competent jurisdiction, destruction is carried out by means of secure shredding. Claim records maintained in electronic form are retained indefinitely by TPCIGA. A copy of such electronic records may also be provided to the Receiver.

Information on this site is not legal advice and is not intended to be a comprehensive statement of the law or of the TPCIGA's policies and procedures. References to the laws of any jurisdiction are for informational purposes only and are not a substitute for the official version of a statute. TPCIGA makes no warranty as to the accuracy or reliability of the content of this website or other related websites.