Haw. Code R. § 17-1737-37

Current through September, 2024

Section 17-1737-37 - Other service requirements

(a) Providers of long-term institutional services shall establish and implement written policies and procedures that govern access to, duplication of, and dissemination of information from applicants' or recipients' records:

(1) The following information about applicants and recipients shall not be released:

(A) Names and addresses;

(B) Eligibility status, the amount of assistance, or both;

(C) Medical services provided;

(D) Social and economic conditions or circumstances;

(E) The department's evaluation of personal information; and

(F) Medical data, including diagnosis and past history of disease or disability; and

(2) The conditions for release of information by the department shall be in accordance with the provisions of chapter 17-1702.

(b) Recipients shall have freedom in the selection of any qualified medicaid provider from whom the recipient may obtain services, in accordance with the provisions of chapter 17-1736.

(c) Providers of long-term institutional services shall submit to the department a written incident report for each incident that result in harm to the medicaid recipient. These reportable incidents include, reaction to a drug or therapy, all bodily injuries that require medical intervention, and absence without leave for one or more nights. An incident report shall be in writing and shall be submitted to the department within seventy-two hours of a reportable incident. Written reports shall include the following:

(1) Name of the NF or ICF-MR;

(2) Name, age, and birthdate of the recipient;

(3) Resident's diagnosis;

(4) Resident's acuity level at time of incident;

(5) Date, time, and place of the incident;

(6) Description of how the incident occurred;

(7) Description of the kind and extent of medical intervention; and

(8) Date incident report was written, and signature and title of the reporting individual.

(d) Providers of long-term institutional services shall admit and provide NF or ICF-MR levels of care, treatment, and services to medicaid recipients without discrimination, separation, or any other distinction on the basis of race, color, national origin, or mental or physical handicap in accordance with the provisions of chapter 17-1736.

(e) For NFs and ICF-MRs, medical records shall be retained three years from the date of a resident's discharge from the provider's care.

Haw. Code R. § 17-1737-37

[Eff 08/01/94] (Auth: HRS § 346-14; 42 C.F.R. §431.10; Pub. L. No. 100-203) (Imp: HRS § 346-40; 42 C.F.R. §§431.51, 431.115, 431.301, 431.305; 29 U.S.C. §794; 42 U.S.C. §2000 d; Pub. L. No. 100-203)