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 allow BHDDH to report allegations of abuse, neglect, mistreatment, exploitation, death, or violations of rights without requiring consent for the release or transfer of confidential healthcare information. BHDDH can demand records from licensed organizations or facilities subject to mental health law during investigations of such allegations.

The bill outlines the process for BHDDH to request records, specifying that written demands must include notice of an ongoing investigation. If a recipient fails to comply with the demand, BHDDH may file a petition in superior court for a writ of mandamus or similar petition to obtain the requested records. Additionally, BHDDH is designated as a health oversight agency and as both a social-service agency and protective services agency for the purposes of this section.

On or before March 31, 2027, the director of BHDDH is required to submit a report to the governor, the speaker of the house, and the president of the senate, which will include the number of written demands for records made by BHDDH, the number of petitions filed, the results of such petitions, and any recommendations regarding the continuation or amendments to the provisions of this section. The provisions of this section will sunset and expire on March 31, 2027, unless extended by the General Assembly.

Statutes affected:
5500: 5-37.3-4