Assigned to HEA                                                                                                                                           AS ENACTED

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1152

 

health care; confidential information

 

Purpose

 

Allows certain divisions in the Department of Health Services (DHS) and the Department of Economic Security (DES) to share certain confidential information with law enforcement agencies and county medical examiners.

 

Background

 

Currently, some state agencies such as Adult Protective Services in DES are authorized to release certain confidential information to law enforcement agencies.  Other agencies such as the Board of Nursing, the Division of Developmental Disabilities (DDD) in DES and the Division of Assurance and Licensure Services (ALS) in DHS, however, cannot release certain confidential investigative information to law enforcement agencies.  In order to access confidential information relating to health care institution investigations, law enforcement agencies must petition a court for a subpoena ordering DHS to provide the confidential information. 

 

S.B. 1152 eliminates the burden of obtaining subpoenas to access this confidential information by authorizing ALS and DDD to provide certain confidential investigational information or other information to law enforcement agencies and county medical examiners.  S.B. 1152 also requires law enforcement agencies and county medical examiners to maintain confidential information obtained from DDD as confidential unless a consent to release is given or if disclosure is required under the rules of criminal procedure.

 

There is no discernable cost to the state general fund relating to the provisions of this bill.

 

Provisions

 

1.      Expands the list of agencies to which ALS is authorized to release certain confidential information to include law enforcement agencies and county medical examiners if the release is necessary and pertinent to an investigation.

 

2.      Expands the list of agencies to which DDD is authorized to release certain confidential information to include law enforcement agencies and county medical examiners.

 

3.      Authorizes, only pursuant to a court order or a grand jury subpoena, the release of confidential records to law enforcement agencies and county medical examiners if the records relate to a person who is the subject of a criminal investigation.

 

4.      Requires law enforcement agencies and county medical examiners to maintain information provided by DDD as confidential unless consent to release is given as specified or is provided pursuant to a court order or grand jury subpoena.

 

5.      Makes conforming and technical changes.

 

6.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

1.      Expands the list of agencies that can receive confidential information to include county medical examiners.

 

2.      Reinstates language restricting the release of confidential information if the release is prohibited by state law.

 

Amendments Adopted by Committee of the Whole

 

1.      Limits the release of confidential information to law enforcement agencies or county medical examiners if the records relate to a person who is the subject of a criminal investigation.

 

2.      Makes a conforming change.

 

Amendments Adopted by the House of Representatives

 

·        Makes a technical change.

 

Senate Action                                                                     House Action

 

HEA              2/05/02       DPA     6-2-0-0                          HEA        4/08/02     DP     6-0-0-4

3rd Read         3/18/02                    27-0-3-0                        PIRA       4/16/02     DP     7-0-0-3

Final Read     4/30/02                   27-1-2                             3rd Read    4/25/02               54-0-6

 

 

Signed by the Governor 5/6/02

Chapter 162

 

Prepared by Senate Staff

May 15, 2002