SB411: relative to the confidentiality of health care records during the investigation of child abuse and neglect cases.

SB 411 – AS INTRODUCED

2008 SESSION

08-2147

09/03

SENATE BILL 411

AN ACT relative to the confidentiality of health care records during the investigation of child abuse and neglect cases.

SPONSORS: Sen. Sgambati, Dist 4; Sen. Odell, Dist 8; Sen. Burling, Dist 5; Sen. Estabrook, Dist 21; Rep. McLeod, Graf 2; Rep. B. Richardson, Ches 5; Rep. Julie Brown, Straf 1

COMMITTEE: Judiciary

ANALYSIS

This bill establishes criteria for confidentiality of health care records during the investigation of child abuse and neglect cases.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2147

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the confidentiality of health care records during the investigation of child abuse and neglect cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Child Abuse or Neglect; Confidentiality of Health Care Records During Investigation. Amend RSA 169-C by inserting after section 12-c the following new section:

169-C:12-d Confidentiality of Health Care Records During Investigation.

I. If a health care provider has records or evidence relating to the investigation of acts suspected pursuant to RSA 169-C, such health care records, including mental health records, may be withheld from the parents or guardian by the provider, despite their request, pending the lawful investigation of alleged abuse or crimes. During the investigation, other health information may be released at the provider’s discretion, upon appropriate consent, to fulfill the purposes of comprehensive medical care of the child. Upon conclusion of the investigation, the provider, parent, guardian, department, or a law enforcement agency may request continuation of such protection of the child’s health records, subject to court review of the conditions related to the child’s present and future safety and the child’s reasonable expectation of privacy in the course of health treatment.

II. Notwithstanding the provisions of paragraph I, specific or limited evidence related to health care which is used in proceedings pursuant to this chapter shall be subject to the court’s applicable rules of evidence, including discovery.

2 Effective Date. This act shall take effect January 1, 2009.