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 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 written demands must include notice of an ongoing investigation. If an organization fails to comply with a demand, BHDDH may file a petition for writ of mandamus or a similar petition in the superior court 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.
The director of BHDDH is required to submit a report by March 31, 2027, detailing the number of written demands for records made under this section, the number of petitions filed, the results of such petitions, and any recommendations regarding the continuation or amendment of the 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