The bill proposes amendments to the "Confidentiality of Health Care Communications and Information Act," introducing new provisions that limit the release or transfer of a patient's confidential healthcare information without written consent, except in specific situations such as emergencies, peer reviews, scientific research, and law enforcement activities. It also prohibits managed care entities from providing identifiable personal information to medical-information databases unless necessary for statistical purposes. Violations of these provisions may result in damages, fines, or imprisonment, and any contracts attempting to waive these protections are void. Additionally, the bill allows for the reporting of abuse, neglect, or other incidents to the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) and mandates the production of records to BHDDH upon written demand.

The bill further specifies the authority of BHDDH in demanding records from healthcare facilities during investigations and the process for obtaining records through the court if necessary. It designates BHDDH as a health oversight and protective services agency for the purposes of this section. The bill also details security procedures for third parties handling patient information, the content required in consent forms for information release, and the prohibition of information transfer without additional consent. It clarifies that the bill does not limit lawful disclosures of healthcare information and would be effective immediately upon passage. There are no deletions mentioned from the current law.

Statutes affected:
7448: 5-37.3-4