State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1240: health information; confidentiality; medical examiner

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Caucus & COW

                                Health & Human Services: DP 9-0-0-0

                               

 

Overview

Allows a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death to receive outlined records and information.

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteHistory

A.R.S. § 36-509 (confidential records; immunity; definition) provides that a health care entity must keep records and information confidential except as outlined. Records and information may be disclosed only to: physicians and providers; individuals who have been designated by the patient to have access to the information; persons authorized by a court order; persons doing research; the state department of corrections; governmental and law enforcement agencies; individuals designated in the case of a patient's incapacity or in an emergency consistent with state law the Health Insurance Portability and Accountability Act of 1996; a state, federal or governmental agency; and others outlined in statute.

A.R.S. §  36-664 (confidentiality; exceptions) prohibits a person who obtains communicable disease related information from disclosing or being compelled to disclose that information except: to the protected person, or if they are incapacitated, their decision maker; a health care provider or first responder; the Arizona Department of Health Services or a local health department; an agent or employee of a health facility or health care provider; a health facility or health care provider; a person or entity for research among others.

Provisions

1.       Allows a health care entity and a person who obtains communicable disease related information in the course of providing a health service or obtains information from a health care provider pursuant to an authorization, to disclose records and information to a county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death.

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5.       Fifty-fourth Legislature                       SB 1240

6.       First Regular Session                            Version 2: Caucus & COW

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