§ 557.5. Requests for records (Adm. Code § 2132)
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 71 P.S. State GovernmentEffective: December 5, 2022
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 71 P.S. State Government
Part I. The Administrative Codes and Related Provisions
Chapter 2. The Administrative Code of 1929 (Refs & Annos)
Article XXI. Powers and Duties of the Department of Health and Its Departmental Administrative and Advisory Boards (Refs & Annos)
(b) Death Review Teams
Effective: December 5, 2022
71 P.S. § 557.5
§ 557.5. Requests for records (Adm. Code § 2132)
(1) Records regarding the treatment for substance use disorder, maintained by a Federally assisted substance use disorder treatment provider, for a deceased individual under review by a death review team, as permitted to be shared in accordance with Federal law, including 42 CFR Pt. 2 (relating to confidentiality of substance use disorder patient records).
(3) Records maintained by a State or local government agency or entity, including death investigative information, medical examiner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records and information and records of a social services agency, including the Department of Human Services, if the agency or entity previously provided services to the deceased individual under review by a death review team.
(c) Disclosure of substance use disorder records.--The disclosure or redisclosure of a medical record developed in connection with the provision of substance use treatment services, without the authorization of a person in interest, shall be subject to any limitations that exist under section 8 of the act of April 14, 1972 (P.L. 221, No. 63),1 known as the Pennsylvania Drug and Alcohol Abuse Control Act, section 543 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. 290dd-2) or 42 CFR Pt. 2.
(d) Provision of information.--Information, if requested by the lead organization or chair of the death review team, shall be provided within five business days of receipt of the written request, excluding weekends and holidays, unless an extension is granted by the lead organization or chair. Written requests may include a request submitted via email or facsimile transmission.
(e) Administrative subpoena.--Notwithstanding any other provision of law, a death review team shall not need an administrative subpoena or other form of legal compulsion to receive requested records under this subarticle. This subsection shall not negate any right the death review team has to obtain an administrative subpoena or other form of legal compulsion.
Credits
2022, Nov. 3, P.L. 1654, No. 101, § 3, effective in 30 days [Dec. 5, 2022].
Footnotes
71 P.S. § 1690.108.
71 P.S. § 557.5, PA ST 71 P.S. § 557.5
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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