Connecticut General Statutes 52-146w – Disclosure of patient communication or information relating to reproductive health care services by covered entity prohibited. Exceptions
(a) Except as provided in sections 52-146c to 52-146k, inclusive, sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, no covered entity, as defined in 45 C.F.R. § 160.103, shall disclose (1) any communication made to such covered entity, or any information obtained by such covered entity from, a patient or the conservator, guardian or other authorized legal representative of a patient relating to reproductive health care services, as defined in section 52-571m, that are permitted under the laws of this state, or (2) any information obtained by personal examination of a patient relating to reproductive health care services, as defined in section 52-571m, that are permitted under the laws of this state, unless the patient or that patient’s conservator, guardian or other authorized legal representative explicitly consents in writing to such disclosure. A covered entity shall inform the patient or the patient’s conservator, guardian or other authorized legal representative of the patient’s right to withhold such written consent.
Terms Used In Connecticut General Statutes 52-146w
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- intellectual disability: means a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age. See Connecticut General Statutes 1-1g
- Probate: Proving a will
- Subpoena: A command to a witness to appear and give testimony.
(b) Written consent of the patient or the patient’s conservator, guardian or other authorized legal representative shall not be required for the disclosure of such communication or information (1) pursuant to the laws of this state or the rules of court prescribed by the Judicial Branch, (2) by a covered entity against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the covered entity’s attorney or professional liability insurer or such insurer’s agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a covered entity in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.
(c) Nothing in this section shall be construed to impede the lawful sharing of medical records as permitted by state or federal law or the rules of the court prescribed by the Judicial Branch, except in the case of a subpoena commanding the production, copying or inspection of medical records relating to reproductive health care services, as defined in section 52-571m.