Substitute Senate Bill No. 1110
Public Act No. 19-80
AN ACT CONCERNING AC CESS TO MEDICAL RECO RDS IN THE
POSSESSION OF THE CO MMISSIONER OF CORREC TION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) An inmate, his or her
legal representative or the legal representative of the estate of an
inmate, who provides a written request for documents to the
Department of Correction in connection with a fatal injury suffered by
the inmate while incarcerated or an injury that resulted in the inmate
suffering a permanent disability while incarcerated, may request
documents in the possession of the Department of Correction that are
relevant to such injury. The Department of Correction shall ensure that
such documentary materials are provided to the inmate, his or her
legal representative or the legal representative of the estate of an
inmate not later than sixty days after the date of receipt of the written
request, unless the disclosure of the documentary materials could pose
a risk to safety and security, violates a common law privilege, or is
prohibited by state or federal law. If an inmate dies while incarcerated
or becomes incapacitated due to an injury suffered while incarcerated,
the Department of Correction shall notify the inmate's designated next
of kin of the inmate's death or incapacitation, unless providing such
notification is not consistent with any prior expressed preference of the
inmate that has been made known to the Department of Correction. Substitute Senate Bill No. 1110
Public Act No. 19-80 2 of 2
The Department of Correction shall adopt regulations in accordance
with the provisions of chapter 54 of the general statutes to implement
the provisions of this section. Such regulations shall include (1) a
process for resolving any dispute concerning the production of
documentary materials by the Department of Correction under this
section, (2) a delineation of the fees, if any, that the Department of
Correction may impose when complying with a request for
documentary materials under this section, and (3) the circumstances
under which the deadline for production of documents may be
extended beyond sixty days.
Sec 2. (NEW) (Effective October 1, 2019) The Department of
Correction shall post on its Internet web site and in all of its medical
units notice informing the inmate that he or she is required to sign a
release of information if the inmate wishes the inmate's family or
emergency contact to have access to the inmate's medical information.
The department shall post the release of information form on its
Internet web site and shall be make such form available upon request
in all of the department's medical units. The department shall develop
a "frequently asked questions" document that details the steps
involved in investigating an inmate fatality or permanent injury and
includes all relevant forms and contact information. The department
shall post the "frequently asked questions" document on its Internet
web site and shall make such document available upon request in all
of the department's medical units.