Court proceedings- Confidential health care information - R.I. Gen. Laws Ann. § 5-37.3-6.1

Health care providers and persons that maintain health care information may disclose confidential health care information pursuant to a subpoena so long as the party issuing the subpoena certifies that (1) they provided the individual that is the subject matter of the confidential health information with a copy of the subpoena and notice of their right to challenge or, if the individual cannot be found, the issuing party may execute an affidavit certifying this fact; and (2) the individual did not challenge within 20 days of receiving notice or a court has ordered disclose following a challenge.

A court hearing a challenge to the release of confidential information must deny the release unless the party requesting the information can reasonably establish (1) the relevancy of the information to the proceeding and (2) that their need for the interest outweighs the individual’s privacy interest. When balancing the interests of disclosure and privacy, a court must consider (1) the reason the information was collected; (2) the individual’s expectation of privacy regarding the information; (3) the degree to which disclosure “would embarrass, injure, or invade the privacy of the individual;” (4) how disclosure will impact the individual’s future health care; (5) the importance of the lawsuit; and (6) whether the information is accessible elsewhere.