Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 71 P.S. State Government § 557.5. Requests for records (Adm. Code § 2132)

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Request for information and records by a death review team.--Notwithstanding any other provision of law, the following shall be provided to a death review team on written request of the lead organization or chair of a death review team:

(1) Records regarding the treatment for substance use disorder, maintained by a Federally assisted substance use disorder treatment provider, for a deceased individual under review by a death review team, as permitted to be shared in accordance with Federal law, including 42 CFR Pt. 2 (relating to confidentiality of substance use disorder patient records).

(2) Records regarding the physical health and mental health, maintained by a health care provider, hospital or health system, for a deceased individual under review by a death review team.

(3) Records maintained by a State or local government agency or entity, including death investigative information, medical examiner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records and information and records of a social services agency, including the Department of Human Services, if the agency or entity previously provided services to the deceased individual under review by a death review team.

(4) The following shall comply with a records request by a death review team made under this subsection:

(i) Coroner or medical examiner.

(ii) Fire department.

(iii) Health system.

(iv) Hospital.

(v) Law enforcement agency.

(vi) State or local governmental agency, including the department, the Department of Human Services and the Department of Corrections.

(vii) Mental health provider.

(viii) Health care provider.

(ix) Substance use disorder treatment provider.

(x) School.

(xi) EMS provider.

(xii) Social services provider.

(xiii) Prescription drug monitoring program representative.

(xiv) Any other person or entity who is in possession of records pertinent to the overdose death review team investigation of an overdose death.

(b) Cost to provide records.--A person or entity subject to a records request by a death review team under subsection (a) may charge the death review team a reasonable fee for the service of duplicating any records requested by the death review team for which duplication is required.

(c) Disclosure of substance use disorder records.--The disclosure or redisclosure of a medical record developed in connection with the provision of substance use treatment services, without the authorization of a person in interest, shall be subject to any limitations that exist under section 8 of the act of April 14, 1972 (P.L. 221, No. 63),  1 known as the Pennsylvania Drug and Alcohol Abuse Control Act, section 543 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. 290dd-2) or 42 CFR Pt. 2.

(d) Provision of information.--Information, if requested by the lead organization or chair of the death review team, shall be provided within five business days of receipt of the written request, excluding weekends and holidays, unless an extension is granted by the lead organization or chair. Written requests may include a request submitted via email or facsimile transmission.

(e) Administrative subpoena.--Notwithstanding any other provision of law, a death review team shall not need an administrative subpoena or other form of legal compulsion to receive requested records under this subarticle. This subsection shall not negate any right the death review team has to obtain an administrative subpoena or other form of legal compulsion.

(f) Sharing of information.--Information received by the lead organization or chair in response to a request under this section may be shared at a death review team meeting in accordance with section 2133.

(g) Prohibition.--A record may not be released during the pendency of an investigation if the release of the record would hinder the progress of an active investigation or criminal proceeding.

(h) Applicability.--This section shall apply to the extent permitted by Federal law.

1 71 P.S. § 1690.108.
Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 71 P.S. State Government § 557.5. Requests for records (Adm. Code § 2132) - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-71-ps-state-government/pa-st-sect-71-557-5/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard