Specific exceptions for obtaining and using medical information.

CFR · 2024-01-01 · US · Title 12

(a) (1) To determine whether the use of a power of attorney or legal representative that is triggered by a medical condition or event is necessary and appropriate or whether the consumer has the legal capacity to contract when a person seeks to exercise a power of attorney or act as legal representative for a consumer based on an asserted medical condition or event; (2) To comply with applicable requirements of local, state, or Federal laws; (3) To determine, at the consumer's request, whether the consumer qualifies for a legally permissible special credit program or credit-related assistance program that is— (i) Designed to meet the special needs of consumers with medical conditions; and (ii) Established and administered pursuant to a written plan that— (A) Identifies the class of persons that the program is designed to benefit; and (B) Sets forth the procedures and standards for extending credit or providing other credit-related assistance under the program; (4) To the extent necessary for purposes of fraud prevention or detection; (5) In the case of credit for the purpose of financing medical products or services, to determine and verify the medical purpose of a loan and the use of proceeds; (6) Consistent with safe and sound practices, if the consumer or the consumer's legal representative specifically requests that the creditor use medical information in determining the consumer's eligibility, or continued eligibility, for credit, to accommodate the consumer's particular

official document · source cfr-2024 · id 12:§ 232.4