Section 16.05.01.075 - USE AND DISCLOSURE OF CONFIDENTIAL INFORMATIONWithout a consent or an authorization, no one may use or disclose health or other confidential information except as provided in Section 100 of this chapter. With a consent or an authorization, confidential information will be used or disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the Department's business and the provision of benefits or services, subject to law and the exceptions listed in these rules. Recipients of information must protect against unauthorized disclosure or use of the information for purposes that are not specified in a consent or an authorization. Access to an individual's own records is governed by Section 125 of this chapter. Specific consent and disclosure requirements are identified in Sections 200 through 283 of these rules. (3-17-22)
01.Identity. Any individual who requests to review, copy, restrict or amend confidential information, or to sign an authorization, must provide verification of identity, and where appropriate, present proof that the individual is a legal representative of the subject of the record. Except for verifications or requests for certified copies of vital records, requests submitted by mail must be notarized if necessary to identify the individual's signature. (3-17-22)02.Order of Court or Hearing Officer. If information is subpoenaed in a civil, criminal or administrative action, the Department will provide such information as would be disclosed with a public records request, without an order from the court or hearing officer. Alternatively, the Department may submit the record with a request for a review solely by the judge or hearing officer, and an order appropriately limiting its use by the parties. If Department staff have reason to believe that release of a record through a public records request may be detrimental to any individual, the Department may seek a protective order. (3-17-22)03.Referent. Unless the individual is a witness in litigation, identifying information must not be disclosed about an individual who reported concerns relating to any Department responsibility, including: (3-17-22) b. Abuse, neglect or abandonment of a child; (3-17-22)c. Abuse, neglect or abandonment of a vulnerable adult; (3-17-22)d. Concerns about the mental health of another; and (3-17-22)e. Certified family homes, unless the complainant consents to disclosure in writing or disclosure is required in any administrative or judicial proceeding, in compliance with Section 74-105(16), Idaho Code. (3-17-22)04.Collateral Contact. Identifying information must not be disclosed about individuals who are not the subject of the record and who provide information to the Department in the ordinary course of business. (3-17-22)05.Alternative Communication. The Department, contractors and providers must comply with an individual's request that confidential information be communicated by alternative means of delivery unless it is administratively difficult to do so or the request is unreasonable. If approved, all information from a Department program will use the same alternative means of delivery after the request is received and recorded. (3-17-22)06.Restriction on Disclosure of Health Information. (3-17-22) a. An individual may request in writing that use or disclosure of health information be restricted. The Department will respond in writing, and may deny the request if: (3-17-22) i. Disclosure is required; (3-17-22)ii. Necessary for the safety of the individual or others; (3-17-22)iii. Necessary for the provision of services, benefits or payment; or (3-17-22)iv. The restriction is unreasonable. (3-17-22)b. The uses and disclosures of confidential information are subject to a restriction after it is received and recorded by the Department. Department employees, contractors, and the individual may request the Department to terminate the restriction. The Department will notify the individual of its response to a request to terminate a restriction. (3-17-22)07.Discovery. Records will be provided only in response to valid discovery in any federal or state criminal, civil or administrative proceeding, as required by the Public Records Act, Section 74-115(3), Idaho Code. (3-17-22)Idaho Admin. Code r. 16.05.01.075