§ 5-37.3-6.1 - Court proceedings – Confidential health care information.
SECTION 5-37.3-6.1
§ 5-37.3-6.1 Court proceedings –Confidential health care information. – (a) Except as provided in § 5-37.3-6, a health care provider or custodianof health care information may disclose confidential health care information ina judicial proceeding if the disclosure is pursuant to a subpoena and theprovider or custodian is provided written certification by the party issuingthe subpoena that:
(1) A copy of the subpoena has been served by the party onthe individual whose records are being sought on or before the date thesubpoena was served, together with a notice of the individual's right tochallenge the subpoena; or, if the individual cannot be located within thisjurisdiction, that an affidavit of that fact is provided; and
(2) Twenty (20) days have passed from the date of service onthe individual and within that time period the individual has not initiated achallenge; or
(3) Disclosure is ordered by a court after challenge.
(b) Within twenty (20) days after the date of service of asubpoena, an individual or his or her authorized representative may file amotion to quash the subpoena in the court in which the case is pending or, ifno case is pending, in superior court. A copy of the motion to quash shall beserved by the movant upon the party issuing the subpoena in accordance with therules of civil procedure.
(c) The party issuing the subpoena may file with the courtthese papers, including affidavits and other sworn documents, as sustain thevalidity of the subpoena. The movant may file with the court reply papers inresponse to the issuing party's filing. The court, upon receipt of these papersmay proceed in camera. The court may conduct any proceedings as it deemsappropriate to rule on the motion, but shall endeavor to expedite itsdetermination.
(d) The court shall grant a motion to quash unless therequesting party can demonstrate that there is reasonable ground to believe theinformation being sought is relevant to the proceedings, and the need for theinformation clearly outweighs the privacy interest of the individual.
(e) In determining whether the need for information clearlyoutweighs the privacy of the individual, the court shall consider:
(1) The particular purpose for which the information wascollected;
(2) The individual's reasonable expectation of privacy in theinformation;
(3) The degree to which disclosure of the information wouldembarrass, injure, or invade the privacy of the individual;
(4) The effect of the disclosure on the individual's futurehealth care;
(5) The importance of the information to the lawsuit orproceeding; and
(6) Whether the information is available from another source,including Rule 35 of the Superior Court Rules of Civil Procedure.
(f) If the court determines that a subpoena should issue, theinformation shall not be disclosed for any other purpose except as authorizedby this chapter.
(g) Nothing contained in this section shall be construed tobar a health care provider or custodian of health care information from filinga motion to quash a subpoena for this information in accordance with the rulesof civil procedure.