Connecticut Seal

General Assembly

 

Raised Bill No. 5499

February Session, 2016

 

LCO No. 1237

 

*01237_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING THE PRESERVATION OF HISTORICAL RECORDS AND ACCESS TO RESTRICTED RECORDS IN THE STATE ARCHIVES.

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

Section 1. (NEW) (Effective October 1, 2016) Any record transferred to the state archives established in section 11-1c of the general statutes that the State Archivist determines to be a record of historical value shall be retained for posterity and title to such record shall vest in the state archives.

Sec. 2. (NEW) (Effective October 1, 2016) (a) For purposes of this section:

(1) "Government record" means any recorded data or information prepared, owned, used, received or retained by a state or local government agency that has been deemed confidential, classified or private;

(2) "Medical record" means any information, whether oral or recorded in any form or medium, that: (A) Is created or received by a health care provider, health plan, employer, life insurer, school or university, or health care clearinghouse, as defined in 45 CFR 160.103; and (B) relates to (i) the past, present, or future physical or mental health or condition of an individual; (ii) the provision of health care to an individual; or (iii) the past, present, or future payment for the provision of health care to an individual; and

(3) "State archives" has the same meaning as described in section 11-1c of the general statutes.

(b) Notwithstanding any provision of the general statutes, any prohibition against viewing a government record, other than a medical record, that has been deposited in the state archives shall be lifted seventy-five years after the creation of such record.

(c) Notwithstanding any provision of the general statutes, any prohibition against viewing a medical record that has been deposited in the state archives shall be lifted fifty years after the death of the individual who is the subject of such record.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

New section

Statement of Purpose:

To require the preservation of records of historical value and to lift restrictions on access to government and medical records after a certain amount of time has passed.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]