The bill amends the "Confidentiality of Health Care Communications and Information Act" by introducing a new section, 5-37.3-4.1, which establishes a 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 requirement for consent when reporting allegations of abuse, neglect, mistreatment, exploitation, death, or 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 the recipient of the demand fails to comply, BHDDH may file a petition in superior court to obtain the records.

Additionally, the director of BHDDH is required to submit a report by March 31, 2027, detailing the number of written demands made and petitions filed under this section, along with any recommendations for the continuation or amendment of these provisions. 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