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Substitute Senate Bill No. 567

Public Act No. 04-165

AN ACT CONCERNING INFORMATION PROVIDED TO THE VICTIM BY THE COURT WHEN AN ACCUSED IS TESTED FOR HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY SYNDROME.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-7c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) For purposes of this section, "provider" has the same meaning as provided in section 20-7b.

[(a)] (b) (1) A provider, except as provided in section 4-194, shall supply to a patient upon request complete and current information possessed by that provider concerning any diagnosis, treatment and prognosis of the patient. [; and (2) a] (2) A provider shall notify a patient of any test results in the provider's possession [that indicate a need for further treatment or diagnosis] or requested by the provider for the purposes of diagnosis, treatment or prognosis of such patient.

[(b)] (c) Upon a written request of a patient, [his] a patient's attorney or authorized representative, or pursuant to a written authorization, a provider, except as provided in section 4-194, shall furnish to the person making such request a copy of the patient's health record, including but not limited to, bills, x-rays and copies of laboratory reports, contact lens specifications based on examinations and final contact lens fittings given within the preceding three months or such longer period of time as determined by the provider but no longer than six months, records of prescriptions and other technical information used in assessing the patient's health condition. No provider shall charge more than forty-five cents per page, including any research fees, handling fees or related costs, and the cost of first class postage, if applicable, for furnishing a health record pursuant to this subsection, except such provider may charge a patient the amount necessary to cover the cost of materials for furnishing a copy of an x-ray, provided no such charge shall be made for furnishing a health record or part thereof to a patient, [his] a patient's attorney or authorized representative if the record or part thereof is necessary for the purpose of supporting a claim or appeal under any provision of the Social Security Act and the request is accompanied by documentation of the claim or appeal. A provider shall furnish a health record requested pursuant to this section within thirty days of the request.

[(c)] (d) If a provider [, as defined in section 20-7b,] reasonably determines that the information is detrimental to the physical or mental health of the patient, or is likely to cause the patient to harm himself or another, [he] the provider may withhold the information from the patient. The information may be supplied to an appropriate third party or to another provider who may release the information to the patient. If disclosure of information is refused by a provider under this subsection, any person aggrieved thereby may, within thirty days of such refusal, petition the superior court for the judicial district in which [he] such person resides for an order requiring the provider to disclose the information. Such a proceeding shall be privileged with respect to assignment for trial. The court, after hearing and an in camera review of the information in question, shall issue the order requested unless it determines that such disclosure would be detrimental to the physical or mental health of the person or is likely to cause the person to harm himself or another.

[(d)] (e) The provisions of this section shall not apply to any information relative to any psychiatric or psychological problems or conditions.

Sec. 2. (NEW) (Effective October 1, 2004) When a court orders a test pursuant to section 54-102a or 54-102b of the general statutes, the court shall provide the victim with (1) the educational materials about human immunodeficiency virus and acquired immune deficiency syndrome developed by the Department of Public Health pursuant to section 19a-112c of the general statutes, (2) information about and referral to HIV testing and counseling for victims of sexual acts provided through sites funded by such department pursuant to section 19a-112b of the general statutes, and (3) referrals and information regarding rape crisis centers. The court shall also inform the victim that the victim may designate a health care provider chosen by the victim or an HIV testing and counseling site funded by the department to receive the results of such test on behalf of the victim. The test results shall be disclosed to the victim by the designated health care provider or by a professional trained to provide counseling about HIV and acquired immune deficiency syndrome at the department-funded site designated by the victim.

Approved June 1, 2004