Section 557.4 - Authority to access records.To the extent permitted by Federal law, a death review team may access records as follows:
(1) If deemed necessary for its review, the death review team may petition the court for leave to review and inspect all files and records of the court relating to a deceased individual pursuant to a proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) in accordance with 42 Pa.C.S. § 6307 (relating to inspection of court files and records). This paragraph shall not apply to a file and record of the court subject to a child fatality or near fatality review under 23 Pa.C.S. Ch. 63 (relating to child protective services).(2) Notwithstanding any other provision of law and consistent with the Health Insurance Portability and Accountability Act of 1996 Public Law 104-191, 110 Stat. 1936) and 42 CFR Pt. 2 (relating to confidentiality of substance use disorder patient records), persons or entities that provide substance use disorder treatment services shall provide to an overdose death review team the records of a deceased individual under review without need for authorization of any person, including the executor, administrator or personal representative of the deceased individual for purposes of review under this subarticle.(3) Notwithstanding any other provision of law and consistent with the Health Insurance Portability and Accountability Act, the team may review and inspect mental health care service files and records of a deceased individual under review without the need for authorization of any person, including the executor, administrator or personal representative of the deceased individual for purposes of review under this subarticle.(4) Notwithstanding any other provision of law and consistent with the Health Insurance Portability and Accountability Act, health care facilities and health care providers, pharmacies and mental health care providers shall provide medical records of a deceased individual under review without the need for authorization of any person, including the executor, administrator or personal representative of the deceased individual for purposes of review under this subarticle.(5) Other records pertaining to the deceased under review for the purposes of this subarticle shall be open to inspection as permitted by law. Added by P.L. TBD 2022 No. 101, § 3, eff. 12/3/2022.