SB 656

            
2020 SESSION


20106615D

SENATE BILL NO. 656

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on Rehabilitation and Social
Services

on January 24, 2020)

(Patrons Prior to Substitute--Senators Boysko and Hanger [SB
748])

A BILL to amend and reenact � 53.1-133.03 of the Code of
Virginia, relating to exchange of offender medical and mental health
information and records.

Be it enacted by the General Assembly of Virginia:

1. That � 53.1-133.03 of the Code of Virginia is amended and
reenacted as follows:

� 53.1-133.03. Exchange of medical and mental health
information and records.

A. Whenever a person is committed to a local or regional
correctional facility, the following shall be entitled to obtain medical and
mental health information and records concerning such person from a health care
provider, even when such person does not provide consent or consent is not
readily obtainable:

1. The person in charge of the facility, or his designee, when
such information and records are necessary (i) for the provision of health care
to the person committed, (ii) to protect the health and safety of the person
committed or other residents or staff of the facility, or (iii) to maintain the
security and safety of the facility. Such information and records of any person
committed to jail and transferred to another correctional facility may be
exchanged among administrative personnel of the correctional facilities
involved and of the administrative personnel within the holding facility when
there is reasonable cause to believe that such information is necessary to
maintain the security and safety of the holding facility, its employees, or
prisoners. The information exchanged shall continue to be confidential and
disclosure shall be limited to that necessary to ensure the security and safety
of the facility.

2. Members of the Parole Board or its designees, as specified
in � 53.1-138, in order to conduct the investigation required under � 53.1-155.

3. Probation and parole officers and local probation officers
for use in parole and probation planning, release, and supervision.

4. Officials of the facilities involved and officials within
the holding facility for the purpose of formulating recommendations for
treatment and rehabilitative programs; classification, security and work
assignments; and determining the necessity for medical, dental and mental
health care, treatment and other such programs.

5. Medical and mental health hospitals and facilities, both
public and private, including community services boards and health departments,
for use in treatment while committed to jail or a correctional facility while
under supervision of a probation or parole officer.

B. Substance abuse records subject to federal regulations,
Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. � 2.11 et
seq., shall not be subject to the provisions of this section. The disclosure of
results of a test for human immunodeficiency virus shall not be permitted
except as provided in �� 32.1-36.1 and 32.1-116.3.

C. The release of medical and mental health information and
records to any other agency or individual shall be subject to all regulations
promulgated by the Board of Corrections that govern confidentiality of such
records. Medical and mental health information concerning a prisoner that has
been exchanged pursuant to this section may be used only as provided herein and
shall otherwise remain confidential and protected from disclosure.

D. Nothing contained in this section shall prohibit the
release of records to the Department of Health Professions or health regulatory
boards consistent with Subtitle III (� 54.1-2400 et seq.) of Title 54.1.

E. Except for any information and records not subject to
this section or not permitted to be disclosed pursuant to subsection B, any
health care provider as defined in � 32.1-127.1:03 who has provided services
within the last year to a person committed to a local or regional correctional
facility shall, in accordance with requirements for disclosures to a
correctional institution or a law enforcement official authorized by the
federal Health Insurance Portability and Accountability Act (42 U.S.C. �1320d
et seq.) and � 32.1-127.1:03, disclose to the local or regional correctional
facility where the person is committed any information and records necessary
for the purposes of subdivision A 1 and to ensure continuity of care of the
person committed. Any health care provider who discloses medical or mental
health information and records pursuant to this section shall be immune from civil
liability resulting from such disclosure, absent bad faith or malicious intent.