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Sen. Ruth Hardy proposes probate petition process to request autopsy reports
Summary
Sen. Ruth Hardy introduced S210 to create a probate-court petition allowing people who lack statutory priority to seek access to a decedent's autopsy report; the bill would require an affidavit, notification to the Office of the Chief Medical Examiner and permits the court to deny requests it deems inappropriate.
Sen. Ruth Hardy (Addison District) told the Health & Welfare committee she is sponsoring S210, a bill that would let the probate division of the Superior Court hear petitions for access to a decedent's autopsy report.
Hardy described a constituent whose adult daughter's autopsy report was not provided to the maternal relative after another person established paternity and moved ahead in the priority hierarchy. "It would create a process by which someone could petition the probate court to get an autopsy report," Hardy said, adding that the court could deny requests it finds inappropriate.
Legislative Counsel Katie McDonough explained the bill’s drafting intent: to codify current disclosure practices under HIPAA and to create a court process that allows disclosure when the court finds a petitioner has demonstrated a "legitimate reason." McDonough said the draft directs the Office of the Chief Medical Examiner to disclose a decedent's autopsy report to the decedent's personal representative "in compliance with HIPAA and its associated regulations," and to provide a copy to a petitioner when ordered by the court.
The draft requires a petition to include an affidavit attesting to the petitioner's relationship to the decedent and the reason for seeking the report, and it requires the petitioner to notify the Office of the Chief Medical Examiner within five business days after filing. McDonough cautioned that the term "legitimate reason" is not defined in the bill and leaves substantial discretion to the court.
Committee members asked that the Department of Health and court administrators be invited to testify about whether the standard and the proposed procedures would work in practice. The bill's sponsor said she would help arrange witnesses, including the constituent willing to testify.
No vote was taken; committee staff will schedule testimony from the Department of Health and court representatives before the committee proceeds further.
