The bill amends Section 5-37.3-4 of the "Confidentiality of Health Care Communications and Information Act" to establish 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. Disclosure 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. Reporting allegations of abuse, neglect, mistreatment, exploitation, death, or violation of rights of individuals receiving services from BHDDH-licensed organizations or facilities.
3. Immediate production of records to BHDDH upon written demand for investigations of alleged abuse, neglect, mistreatment, exploitation, death, or violation of rights.
4. Disclosure to law enforcement personnel in the case of a gunshot wound.
5. Written demands for records by BHDDH staff in furtherance of investigations, which must include notice of the investigation and the name of the patient or client, if known.

The bill also allows BHDDH to file a petition for writ of mandamus if a recipient of a written demand fails to comply and designates BHDDH as a health oversight agency. Additionally, it requires the BHDDH director to submit a report by December 31, 2027, detailing the number of written demands for records made, the number of petitions filed, and any recommendations for future amendments to the provisions. The act takes effect upon passage.

Statutes affected:
2867: 5-37.3-4
2867  SUB A: 5-37.3-4