[§323C-38] Disclosure in civil, judicial, and administrative procedures. (a) Protected health information may be disclosed pursuant to a discovery request or subpoena in a civil action brought in a state court or a request or subpoena related to a state administrative proceeding, only if the disclosure is made pursuant to a court order as provided for in subsection (b) or to a written authorization under section 323C-23.
(b) A court order issued under this section shall:
(1) Provide that the protected health information involved is subject to court protection;
(2) Specify to whom the information may be disclosed;
(3) Specify that the information may not otherwise be disclosed or used; and
(4) Meet any other requirements that the court determines are needed to protect the confidentiality of the information.
(c) This section shall not apply in a case in which the protected health information sought under the discovery request or subpoena is:
(1) Nonidentifiable health information; and
(2) Related to a party to the litigation whose medical condition is at issue.
(d) The release of any protected health information under this section shall not violate this part. [L 1999, c 87, pt of §2]