                                 CODE OF VIRGINIA

AUTHORIZATION TO DISCLOSE HEALTH RECORDS (§ 32.1-48.015)

A. The provisions of this article are hereby declared to be necessary to prevent
serious harm and serious threats to the health and safety of individuals and the
public in Virginia for purposes of authorizing the State Health Commissioner or
his designee to examine and review any health records of any person or persons
subject to any order of quarantine or order of isolation pursuant to this
article and the regulations of the Department of Health and Human Services
promulgated in compliance with the Health Insurance Portability and
Accountability Act of 1996, as amended. The State Health Commissioner shall
authorize any designee in writing to so examine and review any health records of
any person or persons subject to any order of quarantine or order of isolation
pursuant to this article.

B. Pursuant to the regulations concerning patient privacy promulgated by the
federal Department of Health and Human Services, covered entities may disclose
protected health information to the State Health Commissioner or his designee
without obtaining consent or authorization for such disclosure from the person
who is the subject of the records. Such protected health information shall be
used to facilitate the health care of any person or persons who are subject to
an order of quarantine or an order of isolation. The State Health Commissioner
or his designee shall only redisclose such protected health information in
compliance with the aforementioned federal regulations. Further, the protected
health information disclosed to the State Health Commissioner or his designee
shall be held confidential and shall not be disclosed pursuant to the provisions
of subdivision 12 of &#xA7; 2.2-3705.5.

C. Pursuant to subsection G of &#xA7; 32.1-116.3, any person requesting or
requiring any employee of a public safety agency as defined in subsection M of
&#xA7; 32.1-45.2 to arrest, transfer, or otherwise exercise custodial
supervision over an individual known to the requesting person (i) to be infected
with any communicable disease or (ii) to be subject to an order of quarantine or
an order of isolation pursuant to Article 3.02 (&#xA7; 32.1-48.05 et seq.) of
Chapter 2 shall inform such employee of a public safety agency of the potential
risk of exposure to a communicable disease.

HISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783; 2017, c. 778; 2020, c. 502.