Committee Advances Amendment Creating Judicial Petition Pathway for Certain Autopsy Reports
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Summary
The committee advanced an amendment to S‑210 that would allow individuals not authorized under HIPAA to petition the probate division of superior court for autopsy reports, with notice to the chief medical examiner and the county state's attorney and judicial balancing of privacy and public interest.
The Senate Health & Welfare Committee reviewed a negotiated amendment to S‑210 that creates a process for individuals not otherwise authorized under HIPAA to request autopsy reports through the probate division of superior court.
Under the amendment described to the committee, a petitioner must file an affidavit stating their relationship to the decedent and the reason for the request and must notify the office of the chief medical examiner and the state's attorney for the county within five days of filing. The office and the state's attorney would have 14 days to respond. If the court finds good cause and the state's attorney does not object, the court may order that the office of the chief medical examiner provide a copy, in whole or in part, and may require redactions and restrictions on dissemination.
The amendment directs judges to balance several factors in determining disclosure, including the petitioner's relationship to the decedent, whether disclosure is necessary for public evaluation of governmental performance, the seriousness of intrusion into the decedent's and family's privacy, and whether the disclosure is by the least intrusive means available.
Committee members said the language reflected consensus among judges, the health department and state's attorneys, and the chair moved to report the amendment; members indicated assent and the committee advanced the amendment for further consideration.
