2013 -- S 0348

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LC01241

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- MENTAL HEALTH LAW

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40.1-5-26 of the General Laws in Chapter 40.1-5 entitled "Mental

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Health Law" is hereby amended to read as follows:

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     40.1-5-26. Disclosure of confidential information and records. -- (a) The fact of

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admission or certification and all information and records compiled, obtained, or maintained in

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the course of providing services to persons under this chapter shall be confidential.

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      (b) Information and records may be disclosed only:

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      (1) To any person, with the written consent of the patient or his or her guardian.

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      (2) In communications among qualified medical or mental health professionals in the

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provision of services or appropriate referrals, or in the course of court proceedings. The consent

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of the patient, or his or her guardian, must be obtained before information or records may be

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disclosed by a professional person employed by a facility to a professional person not employed

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by the facility who does not have the medical responsibility for the patient's care.

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      (3) When the person receiving services, or his or her guardian, designates persons to

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whom information or records may be released, or if the person is a minor, when his or her parents

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or guardian make the designation.

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      (4) To the extent necessary for a recipient to make a claim, or for a claim to be made on

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behalf of a recipient for aid, insurance, or medical assistance to which he or she may be entitled.

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      (5) To proper medical authorities for the purpose of providing emergency medical

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treatment where the person's life or health are in immediate jeopardy.

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      (6) For program evaluation and/or research, provided that the director adopts rules for

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the conduct of the evaluations and/or research. The rules shall include, but need not be limited to,

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the requirement that all evaluators and researchers must sign an oath of confidentiality, agreeing

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not to divulge, publish, or otherwise make known, to unauthorized persons or the public, any

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information obtained in the course of the evaluation or research regarding persons who have

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received services such that the person who received the services is identifiable.

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      (7) To the courts and persons designated by judges thereof in accordance with applicable

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rules of procedure. The records and files maintained in any court proceeding pursuant to this

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chapter shall be confidential and available only to the person who was the subject of the

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proceeding or his or her attorney.

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      (8) To the state medical examiner in connection with the investigation of a fatality of a

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current or former patient to the extent necessary to assist the medical examiner in determining the

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cause of death.

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      (9) To the director of health in accordance with and to the extent authorized by the

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provisions of chapter 37.3 of title 5 and all applicable federal laws and regulations; provided,

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however, that with respect to any information obtained, the department complies with all state

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and federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 and

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specifically section 5-37.3-4(c), and that the name or names of the patient or patients who is or

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are determined by the director of health to be immaterial to the request, inquiry or investigation

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remain unidentifiable. Any treatment facility, which provides information to the director of health

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in accord with a request under this subsection is not liable for wrongful disclosure arising out of

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any subsequent disclosure by the director of health.

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      (10) To a probate court of competent jurisdiction, petitioner, respondent, and/or their

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attorneys, when the information is contained within a decision-making assessment tool which

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conforms to the provisions of section 33-15-47.

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      (11) To the department of children, youth, and families or the department's contracted

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designee pursuant to section 42-72-5.2(2) for children hospitalized for psychiatric services and

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such placement is supported by the department or for a child who may be discharged from an

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acute care facility to an out-of-home placement supported by the department, for the purpose of

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effective care planning.

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      (12) To the RIte Care health plans for any child enrolled in RIte Care.

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     (c) No personal diary, journal or similar writing composed by a patient of any hospital in

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this state prior to December 31, 1899, obtained and/or maintained by said hospital or successor

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entity, shall be deemed confidential information or records for purposes of this section whether or

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not said diary, journal or similar writing is maintained or held as a medical record.

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     SECTION 2. This act shall take effect upon passage.

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LC01241

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND

HOSPITALS -- MENTAL HEALTH LAW

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     This act would exempt from the confidentiality of health care act any personal diary,

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journal or similar writing composed by any patient of any hospital in the state prior to December

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31, 1899, even if the hospital or successor entity of the hospital incorporated the writing into its

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own medical records for the patient.

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     This act would take effect upon passage.

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LC01241

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