26:13-17 Access to medical information.

17. With respect to a state of public health emergency:

a. Access to medical information of individuals who have participated in medical testing, treatment, vaccination, isolation or quarantine programs or efforts by the commissioner pursuant to this act shall be limited to those persons having a legitimate need to acquire or use the information to:

(1) provide treatment to the individual who is the subject of the health information;

(2) conduct epidemiologic research;

(3) investigate the causes of the transmission;

(4) assist law enforcement agencies in the identification and location of victims of the public health emergency; or

(5) provide payment by a responsible party for treatment or services rendered.

b. Medical information held by the commissioner shall not be disclosed to others without individual written, specific informed consent, except for disclosures made:

(1) directly to the individual;

(2) to the individual's immediate family members or personal representative;

(3) to appropriate federal agencies or authorities pursuant to federal law;

(4) to local health departments assisting in the epidemiological investigation or disease containment countermeasures;

(5) to law enforcement agencies, including the State Medical Examiner, investigating the circumstances giving rise to the public health emergency, or in the identification and location of victims of the public health emergency;

(6) pursuant to a court order to avert a clear danger to an individual or the public health; or

(7) to identify a deceased individual or determine the manner or cause of death.

c. Strictly for the purposes of controlling and containing the public health emergency, the commissioner may provide medical information to a health care facility about an employee who has participated in medical treatment or testing which may impact upon the public health emergency. This information may include, but is not limited to, medical testing, treatment, vaccination, isolation or quarantine programs or efforts by the commission pursuant to this act when the commissioner deems that the health care facility should be advised of such medical information in order to take actions necessary to protect the health and well being of its patients, residents or other health care employees.

Nothing in this subsection shall be construed to allow for the release of medical information that is not related to the public health emergency or is protected under federal or State law.

L.2005,c.222,s.17.