The bill amends Section 5-37.3-4 of the "Confidentiality of Health Care Communications and Information Act" to establish specific conditions under which the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH) can compel healthcare providers to produce requested healthcare records without violating the Health Insurance Portability and Accountability Act (HIPAA).

The bill clarifies the circumstances for disclosure of confidential healthcare information, including:
1. To appropriate law enforcement personnel or to a person if the healthcare provider believes that person, or their family, is or has been abused, neglected, or exploited.
2. To report allegations of abuse, neglect, mistreatment, exploitation, death, or violation of rights of individuals receiving services from BHDDH-licensed organizations or facilities.
3. To produce records to BHDDH immediately upon written demand for investigations of alleged abuse, neglect, mistreatment, exploitation, death, or violation of rights.
4. To law enforcement personnel in the case of a gunshot wound reportable under the law.

Additionally, the bill allows BHDDH to file a petition for writ of mandamus in superior court if a recipient of a written demand for records fails to comply. It designates BHDDH as a health oversight agency and requires the director of BHDDH to submit a report by December 31, 2027, detailing the number of written demands for records made, the number of petitions filed, and the outcomes of such petitions, along with any recommendations for amendments to the provisions. The act will take effect upon passage.

Statutes affected:
7633: 5-37.3-4