The bill amends the "Confidentiality of Health Care Communications and Information Act" by introducing a new section, 5-37.3-4.1, which establishes an eighteen (18) month pilot program authorizing the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH) to make additional permitted disclosures of confidential healthcare information. This program will be in effect from July 1, 2025, to December 31, 2026, and will eliminate the need for consent when reporting allegations of abuse, neglect, mistreatment, exploitation, or other violations of rights to BHDDH. It also allows BHDDH to demand records from licensed organizations and facilities without prior consent during investigations of such allegations.

The bill outlines the process for BHDDH to request records, specifying that if a staff member authorized by the BHDDH director makes a written demand for records during an investigation, the requested records must be immediately produced. The written demand must include notice of the ongoing investigation and, if known, the name of the patient or client involved. If an organization fails to comply with the demand, BHDDH may file a petition in superior court to obtain the records. Additionally, BHDDH is designated as a health oversight agency and a social-service agency for the purposes of this section.

The director of BHDDH is required to submit a report by March 31, 2027, detailing the number of written demands for records made, the number of petitions filed, the outcomes of those petitions, and any recommendations regarding the continuation or amendment of this section. The provisions of this section will automatically sunset and expire on March 31, 2027, unless extended by the General Assembly.

Statutes affected:
5500: 5-37.3-4