§ 17b-454 — (Formerly Sec. 17a-434). Disclosure of protected health information and other information. Authority of commissioner.

A covered entity, as defined in 45 CFR 160.103, shall disclose to the commissioner all relevant protected health information and other information about an elderly person that is necessary for the commissioner to investigate an allegation of abuse, neglect, exploitation or abandonment, provided the covered entity shall provide notice to such elderly person in accordance with subsection (c) of 45 CFR 164.512. If the commissioner has reasonable cause to believe that the elderly person is being abused, neglected, exploited or abandoned, the commissioner may issue a subpoena to obtain protected health information or other information necessary to investigate the allegations of abuse, neglect, exploitation or abandonment. The commissioner may request the Attorney General to petition the Superior Court for such order as may be appropriate to enforce the provisions of this section. The commissioner's authority shall include, but shall not be limited to, the right to initiate or otherwise take those actions necessary to assure the health, safety and welfare of any elderly person. See Sec. 19a-534 re emergency transfer of patients to other facilities. See Sec. 19a-535 re transfer or discharge of patients.

Legislative History

(P.A. 77-613, S. 5, 15; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-262, S. 52, 87; P.A. 01-209, S. 3, 7; P.A. 15-233, S. 4.) History: P.A. 77-614 and P.A. 78-303 replaced department of social services with department of human resources, effective January 1, 1979; Sec. 46a-18 transferred to Sec. 17a-434 in 1991; P.A. 93-262 changed reference to departments of income maintenance and human resources to department of social services, effective July 1, 1993; Sec. 17a-434 transferred to Sec. 17b-454 in 1995; P.A. 01-209 added provisions re subpoena power of commissioner, allowed commissioner to request Attorney General to seek a court order as appropriate to enforce provisions of section and made a technical change for purposes of gender neutrality, effective July 1, 2001; P.A. 15-233 deleted provisions re access to records and individual consent, changed “confidential records” to “protected health information or other information”, added provisions re disclosure by covered entity and made technical changes, effective July 1, 2015. Annotation to former section 46a-18: Cited. 199 C. 524.