In Re Grand Jury Investigation

OPINION

SHEA, Justice.

This appeal presents for our review one aspect of the newly created patient-physi cian privilege contained in the Confidentiality of Health Care Information Act, G.L. 1956 (1976 Reenactment) § 5-37.3-1 through § 5-37.3-10, as enacted by P.L. 1978, ch. 297, § 1. The issue before us is whether or not the act can prevent the subpoenaing of a physician’s records of patient treatment during an investigation of alleged Medicaid fraud in which applicable federal law requires disclosure.

At a hearing held in the Superior Court the trial justice quashed two subpoenas duc-es tecum…