Montana § 50-16-811 When Health Care Information Available By Compulsory Process

Montana Statutes

§ 50-16-811 — When Health Care Information Available By Compulsory Process

Montana·Title 50 HEALTH AND SAFETY·Ch. 16 HEALTH CARE INFORMATION·Part 8 Health Care Information Privacy Requirements for Providers Subject to HIPAA

50-16-811 . When health care information available by compulsory process.

(1)Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:

(a)the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;

(b)the patient has waived the right to claim confidentiality for the health care information sought;

(c)the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;

(d)the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;

(e)the physical or mental condition of a deceased patien

Free access — add to your briefcase to read the full text and ask questions with AI

50-16-811 . When health care information available by compulsory process. (1) Health care information may not be disclosed by a health care provider pursuant to compulsory legal process or discovery in any judicial, legislative, or administrative proceeding unless:
(a) the patient has authorized in writing the release of the health care information in response to compulsory process or a discovery request;
(b) the patient has waived the right to claim confidentiality for the health care information sought;
(c) the patient is a party to the proceeding and has placed the patient's physical or mental condition in issue;
(d) the patient's physical or mental condition is relevant to the execution or witnessing of a will or other document;
(e) the physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;
(f) a patient's health care information is to be used in the patient's commitment proceeding;
(g) the health care information is for use in any law enforcement proceeding or investigation in which a health care provider is the subject or a party, except that health care information so obtained may not be used in any proceeding against the patient unless the matter relates to payment for the patient's health care or unless authorized under subsection (1)(i);
(h) a court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that there is a compelling state interest that outweighs the patient's privacy interest;
(i) the health care information is requested pursuant to an investigative subpoena issued under 46-4-301 or similar federal law;
(j) the health care information is requested pursuant to an administrative subpoena as required in investigative and disciplinary proceedings before a professional or occupational licensing board as defined in 37-1-302 or license program as defined in 37-1-401 ; or
(k) the patient is deceased and the coroner requires the health care information for the investigation of the death as provided in Title 46, chapter 4, part 1.
(2) This part does not authorize the disclosure of health care information by compulsory legal process or discovery in any judicial, legislative, or administrative proceeding where disclosure is otherwise prohibited by law.

Montana § 50-16-811 (When Health Care Information Available By Compulsory Process) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.