10 Colo. Code Regs. § 2505-10-8.606

Current through Register Vol. 47, No. 16, August 25, 2024

Section 10 CCR 2505-10-8.606 - [Repealed effective 9/14/2024] CONFIDENTIALITY

8.606.1GENERAL PROVISIONS OF INFORMATION PERTAINING TO PERSONS SEEKING OR RECEIVING SERVICES:

A. Identifying information regulated by this rule is any information which could reasonably be expected to identify the person seeking or receiving services or their family or contact persons, including, but not limited to, name, Social Security number, Medicaid number, household number or any other identifying number or code, street address, and telephone number, photograph, or any distinguishing mark. Identifying numbers assigned and used internally within a single agency shall be excluded from this regulation.

B. The Department, Developmental Disabilities Services, regional centers, community centered boards, and program approved service agencies are hereinafter referred to as "agencies," within this section.

C. At the time of eligibility determination and enrollment, the person, parent of a minor, guardian and/or other person acting as an advisor to the person-must be advised of the type of information collected and maintained by the agency, and to whom and where it is routinely disclosed.

D. This rule applies to confidential information in any format including, but not limited to, individual records, correspondence or other written materials, verbal communication, photographs, and electronically stored data.

E. The records and all other documentation or correspondence concerning persons seeking or receiving services are the property of the agency which is responsible for maintaining and safeguarding their contents.

F. All written authorizations referenced within this chapter must be:

1. Signed and dated;

2. For a specified time period;

3. Specific as to the information or photograph to be disclosed and the intended use of such information or photograph; and,

4. Specific as to whom it will be disclosed.

G. Authorizations may be revoked in writing or verbally at anytime by the person who provided the authorization.

8.606.2DISCLOSURE OF CONFIDENTIAL INFORMATION

A. Disclosure of confidential information shall be limited to:

1. The person seeking or receiving services, parent of a minor, or guardian.

2. Persons or entities having written authorization signed by the person seeking or receiving services, parent of a minor, or guardian.

3. The authorized representative of the person seeking or receiving services as defined in section 25.5-10-202(1), C.R.S., if access to confidential information is within the scope of their authority.

4. Qualified professional personnel of community centered boards, regional centers and other service agencies including boards of directors and Human Rights Committee members to the extent necessary for the acquisition, provision, oversight, or referral of services and supports.

5. To the Department or its designees as deemed necessary by the Executive Director to fulfill the duties prescribed by Title 25.5, Article 10 of Colorado Revised Statutes.

6. To the extent necessary, qualified professional personnel of authorized external agencies whose responsibility it is to license, to accredit, to monitor, to approve or to conduct other functions as designated by the Executive Director of the Department.

7. Physicians, psychologists, and other professional persons providing services or supports to a person in an emergency situation which precludes obtaining consent in such an instance:

a. Documentation of this access shall be entered into the person's record.

b. This documentation shall contain the date and time of the disclosure, the information disclosed, the names of the persons by whom and to whom the information was disclosed, and the nature of the emergency.

8. The court or to persons authorized by an order of the court, issued after a hearing, notice of which was given to the person, parents of a minor or legal guardian, where appropriate, and the custodian of the information.

9. Other persons or entities authorized by law; and,

10. The entity designated as the protection and advocacy system for Colorado pursuant to 42 U.S.C. 604 when:

a. A complaint has been received by the protection and advocacy system from or on behalf of a person with a developmental disability; and,

b. Such person does not have a legal guardian or the state or the designee of the state is the legal guardian of such person.

B. Nothing in this regulation should be taken to construe that a person or entity who is authorized to access confidential information regarding an individual per section 8.606.2.A can access any and all confidential information available regarding that individual. Disclosure of confidential information must be limited to those aspects of that information which are necessary to performing the duties of that person or entity requiring access. The person seeking or receiving services, parent of a minor, or guardian may access any and all aspects of that person's record. The authorized representative of a person may access those aspects of a person's record which are within the scope of their authority.

8.606.3SAFEGUARDING RECORDS

A. Records pertaining to persons seeking or receiving services shall be maintained in accordance with these rules and other federal and state regulations and accreditation standards. Where no superseding regulation or policy applies, records may be purged and destroyed per agency policy.

B. An individual designated by the agency shall be responsible for the record at all times during the examination of the record by entities other than employees of that agency.

C. Records shall be made available for review at the agency to authorized persons within a reasonable period of time as negotiated by the agency and the party seeking access.

D. At no time may a person examining a record remove anything from it or otherwise make changes in it, except as delineated below:

1. If the person seeking or receiving services, parent of a minor, guardian or authorized representative, if within the scope of his/her authority, objects to any information contained in the record, he/she may submit a request for changes, corrections, deletions, or other modifications.

2. The person seeking or receiving services, parent of a minor, guardian or authorized representative shall sign and date the request.

3. The agency administrator will make the final determination regarding the request and will notify the requesting party of the decision.

4. If the agency administrator denies the request, then the requestor has the right to have a statement regarding their request entered into the record.

E. Records or portions of records may be photocopied or otherwise duplicated only in accordance with written agency procedures, and any fee for duplication shall be reasonable pursuant to section 24-72-205, C.R.S. A person receiving services is entitled to one free copy of any information contained in his/her record.

10 CCR 2505-10-8.606

47 CR 16, August 25, 2024, effective 9/14/2024