State Codes and Statutes
Statutes > Virginia > Title-32-1 > Chapter-2 > 32-1-48-015§ 32.1-48.015. Authorization to disclose health records.
A. The provisions of this article are hereby declared to be necessary toprevent serious harm and serious threats to the health and safety ofindividuals and the public in Virginia for purposes of authorizing the StateHealth Commissioner or his designee to examine and review any health recordsof any person or persons subject to any order of quarantine or order ofisolation pursuant to this article and the regulations of the Department ofHealth and Human Services promulgated in compliance with the Health InsurancePortability and Accountability Act of 1996, as amended. The State HealthCommissioner shall authorize any designee in writing to so examine and reviewany health records of any person or persons subject to any order ofquarantine or order of isolation pursuant to this article.
B. Pursuant to the regulations concerning patient privacy promulgated by thefederal Department of Health and Human Services, covered entities maydisclose protected health information to the State Health Commissioner or hisdesignee without obtaining consent or authorization for such disclosure fromthe person who is the subject of the records. Such protected healthinformation shall be used to facilitate the health care of any person orpersons who are subject to an order of quarantine or an order of isolation.The State Health Commissioner or his designee shall only redisclose suchprotected health information in compliance with the aforementioned federalregulations. Further, the protected health information disclosed to the StateHealth Commissioner or his designee shall be held confidential and shall notbe disclosed pursuant to the provisions of subdivision 17 of § 2.2-3705.5.
C. Pursuant to subsection G of § 32.1-116.3, any person requesting orrequiring any employee of a public safety agency as defined in subsection Jof § 32.1-45.2 to arrest, transfer, or otherwise exercise custodialsupervision over an individual known to the requesting person (i) to beinfected with any communicable disease or (ii) to be subject to an order ofquarantine or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 etseq.) of Chapter 2 shall inform such employee of a public safety agency ofthe potential risk of exposure to a communicable disease.
(2004, cc. 773, 1021; 2007, cc. 699, 783.)
