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AR SB808

Bill

Status

Passed

4/8/2015

Primary Sponsor

Jon Woods

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Origin

Senate

90th General Assembly (2015 Regular)

AI Summary

SB808 Summary

  • Requires courts to specifically address current risk, mental capacity, and the maltreated adult's preference regarding Department of Human Services custody when a maltreated adult has physical but not mental impairment.

  • Expands permitted disclosures of custody and protective services records to include the Office of Medicaid Inspector General and individuals authorized by court order or HIPAA-compliant authorization forms.

  • Adds definition of "negligently" as failure to exercise the degree of care that a person of ordinary prudence would exercise under the same circumstances in adult maltreatment cases.

  • Establishes confidentiality protections for records released to law enforcement, prosecuting attorneys, or courts, requiring information to be sealed and prohibiting redisclosure without a protective order.

  • Confirms that discovery rights in criminal cases under Arkansas Rules of Criminal Procedure are not abrogated by the confidentiality provisions.

Legislative Description

To Amend The Law Concerning Adult Maltreatment And Protected Health Information Of A Maltreated Adult Or Individual Residing In A Long-term Care Facility.

Last Action

Notification that SB808 is now Act 1214

4/8/2015

Committee Referrals

Aging, Children and Youth, Legislative and Military Affairs3/23/2015
Judiciary3/5/2015

Full Bill Text

No bill text available