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Panel OKs bill to clarify access to treatment records for opioid fatality reviews

House Health and Human Services Committee · February 24, 2026

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Summary

SB 96 (sub 1) would allow authorized fatality‑review committees to access records protected by 42 CFR for the purpose of system‑level reviews into opioid deaths. Sponsor said the change will permit identification of treatment gaps and preventative opportunities without creating enforcement or penal consequences for providers or patients.

The committee favorably recommended Senate Bill 96, which clarifies that opioid fatality‑review committees may access treatment records otherwise protected under federal confidentiality rules (42 CFR) for the narrow purpose of reviewing deaths and identifying system gaps.

Sponsor testimony said the change is meant to enable multidisciplinary review teams to analyze care pathways, identify missed intervention opportunities, and recommend system improvements to prevent future overdose deaths. Lawmakers and advocates said the bill is limited to post‑mortem review use by authorized reviewers and is not intended to create punitive investigations of clinicians or patients.

Supporters pointed to similar review processes used in maternal mortality and child‑fatality review boards and said more complete medical records will allow better, evidence‑based policy recommendations from the fatality‑review process. The committee adopted a favorable recommendation.