2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-3430 - Lead organization; access to information; subpoena; enforcement.

71-3430.
Lead organization; access to information; subpoena; enforcement.
(1) Except as provided in subsection (4) of this section, on written request of the lead organization, and as necessary to carry out the purpose and duties of the local team, the lead organization shall be provided with the following information:
(a) Nonprivileged information and records regarding the physical health, mental health, and treatment for any substance use disorder maintained by a health care provider, substance use disorder treatment provider, hospital, or health system for an individual whose death is being reviewed by the local team; and
(b) Information and records maintained by a state or local government agency or entity, including, but not limited to, death investigative information, coroner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records, and information and records of a social services agency, including the department, if the agency or entity provided services to an individual whose death is being reviewed by the local team.
(2) Except as provided in subsection (4) of this section, the following persons shall comply with a records request by the lead organization made pursuant to subsection (1) of this section:
(a) A coroner;
(b) A fire department;
(c) A health system;
(d) A hospital;
(e) A law enforcement agency;
(f) A local or state governmental agency, including, but not limited to, the department, local public health authorities, the Attorney General, county attorneys, public defenders, the Commission on Public Advocacy, the Department of Correctional Services, the Office of Probation Administration, and the Division of Parole Supervision;
(g) A mental health provider;
(h) A health care provider;
(i) A substance use disorder treatment provider;
(j) A school, including a public or private elementary, secondary, or postsecondary institution;
(k) An emergency medical services provider;
(l) A social services provider; and
(m) Any other person who is in possession of records pertinent to the local team's investigation of an overdose fatality.
(3) A person subject to a records request by a lead organization under subsection (1) of this section may charge the lead organization a reasonable fee for the service of duplicating any records requested by the lead organization, not to exceed the actual cost of duplication.
(4)(a) Compliance with any records request under this section is subject to the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder; 42 U.S.C. 290dd-2; 42 C.F.R. part 2; and the Child Protection and Family Safety Act.
(b) The department is not required to comply with a records request under subsection (2) of this section to the extent the information requested:
(i) Was obtained by the prescription drug monitoring program created under section 71-2454;
(ii) Is covered by section 68-313; or
(iii) Is covered by 42 C.F.R. 431.300 et seq.
(c) The disclosure or redisclosure of a medical record developed in connection with the provision of substance abuse treatment services, without the authorization of a person in interest, is subject to any limitations that exist under the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and regulations promulgated thereunder; 42 U.S.C. 290dd-2; and 42 C.F.R. part 2.
(5) Information requested by the lead organization shall be provided within thirty calendar days after receipt of the written request, unless an extension is granted by the chairperson. Written request includes a request submitted via email or facsimile transmission.
(6)(a) A county attorney or the Attorney General may, upon request by a lead organization, issue subpoenas to compel production of any of the records and information specified in this section.
(b) Any willful failure to comply with such a subpoena may be certified by the county attorney or Attorney General to the district court for enforcement or punishment for contempt of court.
Source
Laws 2023, LB227, § 87.
Operative Date: June 7, 2023
Cross References
Child Protection and Family Safety Act, see section 28-710.