House of Representatives

SB 1152

health care; confidential information

Sponsors: Gerard, Guenther, Hartley, et al

dp	Committee on Health
dp	Committee on Public Institutions & Rural Affairs
DPA	Caucus and COW
DP	Third Read
X	As Passed the House

SB 1152 allows law enforcement and the county medical examiners to access confidential medical records involving the developmentally disabled obtained by the Department of Health Services (DHS) and the Department of Economic Security (DES).

History

When wrong doing related to the care of developmentally disabled is alleged and investigated representatives of care providers, law enforcement and the Attorney General’s Office meet to decide on a course of legal action. During these meetings, law enforcement is forced to leave the room due to the confidential nature of medical records relating to the care of developmentally disabled. SB 1152 allows healthcare professionals to share confidential records relating to the care of developmentally disabled with law enforcement in order to make the investigative process more efficient and effective.

Provisions

· Allows law enforcement agencies and county medical examiners during their performance of official duties access to all medical records obtained by the DHS and DES in providing services to developmentally disabled.

· Requires law enforcement agencies and county medical examiners to maintain the confidentiality of medical records unless authorized otherwise through consent, court order or grand jury subpoena.

· Maintains the confidentiality of medical records, which relate to a person already under criminal investigation unless authorized pursuant to a court order or grand jury subpoena.

· Makes Technical Changes.

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· 45th Legislature

· Second Regular Session 2 April 29, 2002

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