Cal. Code Regs. tit. 17 § 56798

Current through Register 2024 Notice Reg. No. 40, October 4, 2024

Section 56798 - Consumer Records

(a) Vendors shall maintain consumer information and records as confidential documents pursuant to Welfare and Institutions Code, sections 4514 through 4518, and shall also maintain consumer confidentiality as required in Health and Safety Code, sections 199.20 through 199.27.

(b) Vendors shall maintain an individual consumer case file for each consumer served by the in-home respite services agency.

(c) The consumer case file shall include:

(1) The most current copies of:

(A) Any emergency and personal identification information, which may effect the delivery of services, including the consumer's address, telephone number, names and telephone numbers of relative's, and/or guardian or conservator, physician's name(s) and telephone number, and health plan, if appropriate;

(B) Pertinent information related to consumer respite needs including:

1. Known medications;

2. Known allergies;

3. Medical disabilities;

4. Infectious, contagious or communicable conditions;

5. Special nutritional needs; and

6. Specific care needs unique to the individual consumer.

(C) Any other available medical, psychological, and social information which may effect the delivery of In-home Respite Services, including the consumer's ability and functioning level; and

(D) Authorization for emergency medical treatment.

(2) All copies of:

(A) Special incident reports; and

(B) Case notes reflecting important events or information not documented elsewhere.

(3) Documentation of attempts to obtain required information not contained in the consumer record.

(d) Records pertaining to the consumer shall be stored in a secure and locked place which shall be readily accessible when needed. The vendor is authorized to keep pertinent consumer data, including, but not limited to, emergency telephone numbers, and important medical data with the consumer when services are rendered.

(e) The individual consumer case file shall be retained for five years from the time a consumer no longer receives services from the agency.

Cal. Code Regs. Tit. 17, § 56798

1. New section filed 6-26-90 as an emergency; operative 7-1-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-29-90 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-90 order transmitted to OAL 9-28-90 and filed 10-29-90 (Register 90, No. 46).
3. Amendment of section filed as an emergency 6-17-93; operative 6-17-93. Submitted to OAL for printing only pursuant to SB485 (Chapter 722, Statutes of 1992) Section 147(a) (Register 93, No. 26).
4. Certificate of Compliance as to 6-17-93 order transmitted to OAL 6-20-94 and filed 8-2-94 (Register 94, No. 31).
5. Change without regulatory effect amending section heading and section filed 1-17-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 3).

Note: Authority cited: Section 4690.2, Welfare and Institutions Code. Reference: Sections 4646.5, 4648, 4648.1 and 4690.2, Welfare and Institutions Code.