Section 16.05.01.051 - AUTHORIZATION FOR THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATIONAn authorization for the use and disclosure of confidential information must be in writing, and identify the individual who is the subject of the record. (3-17-22)
01. Content of Authorization. An authorization must be dated and signed by the individual or legal representative, and: (3-17-22) a. Identify the specific information involved; (3-17-22)b. State the duration of the authorization, defined by a specific date or the description of an event; (3-17-22)c. Identify the recipient of the information; and (3-17-22)d. State the purpose for the authorization, or state that it is, "At the request of the individual," or similar wording. (3-17-22)02. Defective Authorization. An authorization must not be acted upon if the authorization has expired or has been revoked, or if any essential information is omitted or is false. (3-17-22)03.Authorization for the Use and Disclosure of Health Information. An authorization for the use and disclosure of health information must contain the content listed in Subsection 051.01 and the statements required by 45 CFR 164.508(c)(2). (3-17-22)04.Psychotherapy Notes. Psychotherapy notes that are separate from the rest of an individual's record may not be used or disclosed without an authorization except to the originator of the notes for treatment or to defend the Department in a legal action brought by the individual. (3-17-22)05.Revocation of an Authorization. An individual or legal representative may revoke an authorization at any time by submitting a written request at any Department office. (3-17-22)06.Effect on Benefits and Services. An individual's refusal to provide an authorization does not affect the receipt of benefits or services the individual would otherwise receive. (3-17-22)07.Copy of Authorization. The Department will provide a copy of the signed authorization to the individual or legal representative. (3-17-22)Idaho Admin. Code r. 16.05.01.051