HB 7069, An Act Concerning Behavioral Health Assessments Of Police Officers

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE INSURANCE AND REAL ESTATE COMMITTEE

Thursday, March 6, 2025

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning HB 7069, An Act Concerning Behavioral Health Assessments Of Police Officers. CHA has technical concerns about the bill as drafted.

Connecticut hospitals and health systems care for patients, strengthen the state’s economy, and support vulnerable communities across the state. Every day, they work to improve healthcare access, affordability, and health equity. Even as they face ongoing challenges, hospitals provide world-class care to everyone who walks through their doors, regardless of their ability to pay. Hospitals also support an exemplary workforce as the largest collective employer in the state, contribute significantly to the state’s economy, and invest in their communities addressing social drivers of health.

HB 7069 adds detail to existing requirements related to periodic behavioral health assessments that are required of certain law enforcement personnel as a condition of employment pursuant to Section 7-291e of the General Statutes.

The current law, at subsection (f) of Section 7-291e, exempts the required behavioral health assessment from being available through the Freedom of Information Act. The proposed changes in the bill directed to subsection (f) seek to add additional privacy protections for the same assessment, specifically to prohibit disclosing the assessment form to any third party.

That language is confusing and risks creating limitations for use or exchange of the entire medical record of every member of law enforcement subject to the assessment. To avoid this confusion, we ask that the language in subsection (f) be altered as follows:

(f) The results of any behavioral health assessment conducted in accordance with the provisions of this section and any record or note maintained by a psychiatrist, psychologist, or clinical social worker in connection with the conducting of such assessment shall not be subject to disclosure under Section 1-210 and shall not be made part of a medical record but shall be used or shared exclusively as set forth in this Section. disclosed to any third party, except as provided in subdivision (2) of subsection (e) of this section and otherwise required pursuant to state or federal law.

We believe this revised language better captures the intention of the bill. Without this clarification, the assessment might be charted as part of the routine clinical medical record, which would, in many cases, render the entire record difficult to manage, including, for example:

  • The individual involved could have all records blocked from going to the statewide health information exchange
  • There would be conflict in what a regulator who has oversight for the licensed provider could review
  • It would be unworkable for providers to comply with a variety of state laws governing release of medical records, as well as challenges to meet HIPAA regulations

Thank you for your consideration of our position. For additional information, contact CHA Government Relations at (203) 294-7301.