The bill amends Section 5-37.3-4 of the "Confidentiality of Health Care Communications and Information Act" to modify the process for requesting and disclosing confidential healthcare information. It establishes that such information may be disclosed without the written consent of the patient or their authorized representative in specific circumstances, including disclosures related to allegations of abuse, neglect, mistreatment, exploitation, death, or violations of rights to the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH). The bill mandates that records must be produced to BHDDH upon written demand during investigations involving individuals receiving services from licensed facilities or programs.

The written demand for records from BHDDH must include notice of the investigation and, if known, the name of the patient or client involved. If the recipient of the demand fails to comply, BHDDH may seek a writ of mandamus in superior court to obtain the requested records. Additionally, BHDDH is designated as a health oversight agency and a social-service agency for the purposes of this section.

The bill also includes provisions that any contract attempting to waive confidentiality provisions will be deemed null and void. It requires consent forms to clearly state the purpose and proposed uses of the information, the extent of the information to be released, and allows individuals to withdraw consent at any time, with specific conditions for life or health insurance policies. It prohibits disciplinary action against employees or agents for reporting violations of the chapter and stipulates that confidential healthcare information cannot be shared with unauthorized individuals without obtaining additional written consent. The act takes effect immediately upon passage.

Statutes affected:
700: 5-37.3-4