§ 40.1-5-26 Disclosure of confidentialinformation and records. – (a) The fact of admission or certification and all information and recordscompiled, obtained, or maintained in the course of providing services topersons under this chapter shall be confidential.
(b) Information and records may be disclosed only:
(1) To any person, with the written consent of the patient orhis or her guardian.
(2) In communications among qualified medical or mentalhealth professionals in the provision of services or appropriate referrals, orin the course of court proceedings. The consent of the patient, or his or herguardian, must be obtained before information or records may be disclosed by aprofessional person employed by a facility to a professional person notemployed by the facility who does not have the medical responsibility for thepatient's care.
(3) When the person receiving services, or his or herguardian, designates persons to whom information or records may be released, orif the person is a minor, when his or her parents or guardian make thedesignation.
(4) To the extent necessary for a recipient to make a claim,or for a claim to be made on behalf of a recipient for aid, insurance, ormedical assistance to which he or she may be entitled.
(5) To proper medical authorities for the purpose ofproviding emergency medical treatment where the person's life or health are inimmediate jeopardy.
(6) For program evaluation and/or research, provided that thedirector adopts rules for the conduct of the evaluations and/or research. Therules shall include, but need not be limited to, the requirement that allevaluators and researchers must sign an oath of confidentiality, agreeing notto divulge, publish, or otherwise make known, to unauthorized persons or thepublic, any information obtained in the course of the evaluation or researchregarding persons who have received services such that the person who receivedthe services is identifiable.
(7) To the courts and persons designated by judges thereof inaccordance with applicable rules of procedure. The records and files maintainedin any court proceeding pursuant to this chapter shall be confidential andavailable only to the person who was the subject of the proceeding or his orher attorney.
(8) To the state medical examiner in connection with theinvestigation of a fatality of a current or former patient to the extentnecessary to assist the medical examiner in determining the cause of death.
(9) To the director of health in accordance with and to theextent authorized by the provisions of chapter 37.3 of title 5 and allapplicable federal laws and regulations; provided, however, that with respectto any information obtained, the department complies with all state and federalconfidentiality laws, including, but not limited to, chapter 37.3 of title 5and specifically § 5-37.3-4(c), and that the name or names of the patientor patients who is or are determined by the director of health to be immaterialto the request, inquiry or investigation remain unidentifiable. Any treatmentfacility, which provides information to the director of health in accord with arequest under this subsection is not liable for wrongful disclosure arising outof any subsequent disclosure by the director of health.
(10) To a probate court of competent jurisdiction,petitioner, respondent, and/or their attorneys, when the information iscontained within a decision-making assessment tool which conforms to theprovisions of § 33-15-47.
(11) To the department of children, youth, and families orthe department's contracted designee pursuant to § 42-72-5.2(2) forchildren hospitalized for psychiatric services and such placement is supportedby the department or for a child who may be discharged from an acute carefacility to an out-of-home placement supported by the department, for thepurpose of effective care planning.
(12) To the RIte Care health plans for any child enrolled inRIte Care.
§ 40.1-5-26 Disclosure of confidentialinformation and records. – (a) The fact of admission or certification and all information and recordscompiled, obtained, or maintained in the course of providing services topersons under this chapter shall be confidential.
(b) Information and records may be disclosed only:
(1) To any person, with the written consent of the patient orhis or her guardian.
(2) In communications among qualified medical or mentalhealth professionals in the provision of services or appropriate referrals, orin the course of court proceedings. The consent of the patient, or his or herguardian, must be obtained before information or records may be disclosed by aprofessional person employed by a facility to a professional person notemployed by the facility who does not have the medical responsibility for thepatient's care.
(3) When the person receiving services, or his or herguardian, designates persons to whom information or records may be released, orif the person is a minor, when his or her parents or guardian make thedesignation.
(4) To the extent necessary for a recipient to make a claim,or for a claim to be made on behalf of a recipient for aid, insurance, ormedical assistance to which he or she may be entitled.
(5) To proper medical authorities for the purpose ofproviding emergency medical treatment where the person's life or health are inimmediate jeopardy.
(6) For program evaluation and/or research, provided that thedirector adopts rules for the conduct of the evaluations and/or research. Therules shall include, but need not be limited to, the requirement that allevaluators and researchers must sign an oath of confidentiality, agreeing notto divulge, publish, or otherwise make known, to unauthorized persons or thepublic, any information obtained in the course of the evaluation or researchregarding persons who have received services such that the person who receivedthe services is identifiable.
(7) To the courts and persons designated by judges thereof inaccordance with applicable rules of procedure. The records and files maintainedin any court proceeding pursuant to this chapter shall be confidential andavailable only to the person who was the subject of the proceeding or his orher attorney.
(8) To the state medical examiner in connection with theinvestigation of a fatality of a current or former patient to the extentnecessary to assist the medical examiner in determining the cause of death.
(9) To the director of health in accordance with and to theextent authorized by the provisions of chapter 37.3 of title 5 and allapplicable federal laws and regulations; provided, however, that with respectto any information obtained, the department complies with all state and federalconfidentiality laws, including, but not limited to, chapter 37.3 of title 5and specifically § 5-37.3-4(c), and that the name or names of the patientor patients who is or are determined by the director of health to be immaterialto the request, inquiry or investigation remain unidentifiable. Any treatmentfacility, which provides information to the director of health in accord with arequest under this subsection is not liable for wrongful disclosure arising outof any subsequent disclosure by the director of health.
(10) To a probate court of competent jurisdiction,petitioner, respondent, and/or their attorneys, when the information iscontained within a decision-making assessment tool which conforms to theprovisions of § 33-15-47.
(11) To the department of children, youth, and families orthe department's contracted designee pursuant to § 42-72-5.2(2) forchildren hospitalized for psychiatric services and such placement is supportedby the department or for a child who may be discharged from an acute carefacility to an out-of-home placement supported by the department, for thepurpose of effective care planning.
(12) To the RIte Care health plans for any child enrolled inRIte Care.
§ 40.1-5-26 Disclosure of confidentialinformation and records. – (a) The fact of admission or certification and all information and recordscompiled, obtained, or maintained in the course of providing services topersons under this chapter shall be confidential.
(b) Information and records may be disclosed only:
(1) To any person, with the written consent of the patient orhis or her guardian.
(2) In communications among qualified medical or mentalhealth professionals in the provision of services or appropriate referrals, orin the course of court proceedings. The consent of the patient, or his or herguardian, must be obtained before information or records may be disclosed by aprofessional person employed by a facility to a professional person notemployed by the facility who does not have the medical responsibility for thepatient's care.
(3) When the person receiving services, or his or herguardian, designates persons to whom information or records may be released, orif the person is a minor, when his or her parents or guardian make thedesignation.
(4) To the extent necessary for a recipient to make a claim,or for a claim to be made on behalf of a recipient for aid, insurance, ormedical assistance to which he or she may be entitled.
(5) To proper medical authorities for the purpose ofproviding emergency medical treatment where the person's life or health are inimmediate jeopardy.
(6) For program evaluation and/or research, provided that thedirector adopts rules for the conduct of the evaluations and/or research. Therules shall include, but need not be limited to, the requirement that allevaluators and researchers must sign an oath of confidentiality, agreeing notto divulge, publish, or otherwise make known, to unauthorized persons or thepublic, any information obtained in the course of the evaluation or researchregarding persons who have received services such that the person who receivedthe services is identifiable.
(7) To the courts and persons designated by judges thereof inaccordance with applicable rules of procedure. The records and files maintainedin any court proceeding pursuant to this chapter shall be confidential andavailable only to the person who was the subject of the proceeding or his orher attorney.
(8) To the state medical examiner in connection with theinvestigation of a fatality of a current or former patient to the extentnecessary to assist the medical examiner in determining the cause of death.
(9) To the director of health in accordance with and to theextent authorized by the provisions of chapter 37.3 of title 5 and allapplicable federal laws and regulations; provided, however, that with respectto any information obtained, the department complies with all state and federalconfidentiality laws, including, but not limited to, chapter 37.3 of title 5and specifically § 5-37.3-4(c), and that the name or names of the patientor patients who is or are determined by the director of health to be immaterialto the request, inquiry or investigation remain unidentifiable. Any treatmentfacility, which provides information to the director of health in accord with arequest under this subsection is not liable for wrongful disclosure arising outof any subsequent disclosure by the director of health.
(10) To a probate court of competent jurisdiction,petitioner, respondent, and/or their attorneys, when the information iscontained within a decision-making assessment tool which conforms to theprovisions of § 33-15-47.
(11) To the department of children, youth, and families orthe department's contracted designee pursuant to § 42-72-5.2(2) forchildren hospitalized for psychiatric services and such placement is supportedby the department or for a child who may be discharged from an acute carefacility to an out-of-home placement supported by the department, for thepurpose of effective care planning.
(12) To the RIte Care health plans for any child enrolled inRIte Care.
