§ 17a-488a — Investigation of report. Findings, recommendations and disclosure of results. Registry. Confidentiality. Right of access to records.

Connecticut § 17a-488a

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319i: Persons with Psychiatric Disabilities

Text

(a) The Commissioner of Mental Health and Addiction Services, upon receiving a report under section 17a-488 that a patient is being or has been abused, shall investigate the report to determine the condition of the patient and what action and services, if any, are required. The investigation shall include (1) an in-person visit to the named patient, (2) consultation with those individuals having knowledge of the facts surrounding the particular report, and (3) an interview with the patient, unless the patient refuses to consent to such interview. Upon completion of the investigation, the commissioner shall prepare written findings that shall include recommended actions. Not later than forty-five days after completion of the investigation, the commissioner shall disclose, in general terms, the result of the investigation to the person or persons who reported the suspected abuse, provided: (A) The person who made such report is legally mandated to make such report, (B) the information is not otherwise privileged or confidential under state or federal law, (C) the names of the witnesses or other persons interviewed are kept confidential, and (D) the names of the person or persons suspected to be responsible for the abuse are not disclosed unless such person or persons have been arrested as a result of the investigation. (b) The Department of Mental Health and Addiction Services shall maintain a state-wide registry of the number of reports received under this section, the allegations contained in such reports and the outcomes of the investigations resulting from such reports. (c) The patient's file, including, but not limited to, the original report and the investigation report shall not be deemed a public record or subject to the provisions of section 1-210 . The commissioner may disclose such file, in whole or in part, to an individual, agency, corporation or organization only with the written authorization of the patient, the patient's legal representative or as otherwise authorized under this section. (d) Notwithstanding the provisions of subsection (c) of this section, the commissioner shall not disclose the name of a person who reported suspected abuse, except with such person's written permission or to a law enforcement official pursuant to a court order that specifically requires such disclosure. (e) The patient or such patient's legal representative or attorney shall have the right of access to records made, maintained or kept on file by the department, in accordance with all applicable state and federal law, when such records pertain to or contain information or material concerning the patient, including, but not limited to, records concerning investigations, reports or medical, psychological or psychiatric examinations of the patient, except: (1) If protected health information was obtained by the department from someone other than a health care provider under the promise of confidentiality and the access requested would, with reasonable likelihood, reveal the source of the information; (2) information identifying the individual who reported the abuse of the person shall not be released unless, upon application made to the Superior Court by the patient or such patient's legal representative or attorney and served on the Commissioner of Mental Health and Addiction Services, a judge determines, after in camera inspection of relevant records and a hearing, that there is reasonable cause to believe the individual knowingly made a false report or that other interests of justice require such release; (3) if it is determined by a licensed health care provider that the access requested is reasonably likely to endanger the life or physical safety of the patient or another person; (4) if the protected health information makes reference to another person, other than a health care provider, and the access requested would reveal protected health information about such other person; or (5) the request for access is made by the patient's legal representative, and a licensed health care provider has determined, in the exercise of professional judgment, that the provision of access to such legal representative is reasonably likely to cause harm to the patient or another person.

Legislative History

(P.A. 18-86, S. 3.)