Section 16.05.01.100 - EXCEPTIONS TO REQUIREMENT FOR AUTHORIZATIONConfidential information will be released without an authorization to individuals and entities in compliance with a court order, or if they are legally authorized to receive it. The following are exceptions to the requirement for an authorization: (3-17-22)
01.Advocates and Guardians. Federally-recognized protection and advocacy agencies or duly appointed guardians ad litem have access to an individual's file as necessary to perform their legal functions. Guardians ad litem have access to records as provided in Section 16-1634, Idaho Code, except for: (3-17-22) a. Drug abuse and sickle cell anemia records maintained by the Veteran's Administration (VA), as required by 38 USC Section 7332; (3-17-22)b. Claims under laws administered by the VA as required by 38 USC Section 3301; and (3-17-22)c. Drug abuse prevention programs that receive federal assistance, as required by 42 USC Section 290ee - 3. (3-17-22)02. Licensure. In compliance with Section 74-106(9), Idaho Code, records will be released if they are part of an inquiry into an individual's or organization's fitness to be granted or retain a license, certificate, permit, privilege, commission or position. These records will otherwise be provided in redacted form as required by law or rule. (3-17-22)03.Fugitives and Missing Persons. (3-17-22)a. A state or local law enforcement officer may receive the current address of any cash assistance recipient who is a fugitive felon, in compliance with Section 56-221, Idaho Code. (3-17-22)b. The following health information may be disclosed to a law enforcement officer for the purpose of identifying or locating a suspect, fugitive, material witness or missing person: (3-17-22)i. Name and address; (3-17-22)ii. Date and place of birth; (3-17-22)iii. Social security number; (3-17-22)iv. Blood type and rh factor; (3-17-22)v. Type of injury; (3-17-22)vi. Date and time of treatment or death, if applicable; and (3-17-22)vii. Distinguishing physical characteristics. (3-17-22)c. DNA, dental records, or typing, samples or analysis of body fluids or tissue must not be disclosed. (3-17-22)04.Duty to Warn or Report. Confidential information may be released without an authorization if necessary under a legal duty to warn or to report. (3-17-22)05.Department Business, Monitoring and Legal Functions. Department employees and contractors may use and disclose records as necessary to perform normal business functions, including health treatment, audit and quality improvement, investigation of fraud and abuse, establishment of overpayments and recoupment, public health, or other functions authorized by law. Information will be made available to state and federal auditors and compliance monitors. Confidential information will be provided to counsel as needed to evaluate, prepare for and represent the Department in legal actions. (3-17-22)06.Emergencies. Confidential information may be disclosed to qualified medical personnel to the extent necessary to respond to a medical emergency that requires immediate attention. (3-17-22)07. Multidisciplinary Staffing. Confidential information may be disclosed to employees of the Department, law enforcement, and other appropriate individuals to participate in a multidisciplinary team evaluation of child protection cases under Section 16-1617, Idaho Code, or interdisciplinary Department staffing of services for an individual. All individuals who participate in such staffing must not redisclose the information and must comply with any other pertinent statute, rule or regulation. (3-17-22)08.Collaborative Staffing. Confidential information may be disclosed in staffing by the Department and other individuals or entities if all participants are involved with the same or similar populations and have an equal obligation or promise to maintain confidentiality. Disclosure of information in inter-agency staffing must be necessary to coordinate benefits or services, or to improve administration and management of the services. Confidential information may be disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the staffing. All individuals who participate in such staffing must not redisclose the information except in compliance with any other pertinent statute, rule or regulation. (3-17-22)09. Elected State Official. As provided by Section 16-1629(6), Idaho Code, any duly elected state official carrying out their official functions may have access to child protection records of the Department, and must not redisclose the information. (3-17-22)10.Child Protection Agency. A legally mandated child protection agency may provide information necessary to investigate a report of known or suspected child abuse or neglect, or to treat a child and family who are the subjects of the record. (3-17-22)11.Legally Authorized Agency. An agency will be provided appropriate information if the agency is legally responsible for or authorized to care for, treat or supervise a child who is the subject of the record. (3-17-22)12.Informal Representatives. Informal representatives may be permitted to receive and deliver information on behalf of an individual, and may be given health information if the informal representative is directly involved with the individual's care. Confidential information may be withheld in whole or part if professional staff determines that disclosure is not in the best interest of the individual, based on the circumstances and their professional judgment. The Department will not disclose information that is prohibited from being disclosed by these rules or any other legal requirement. (3-17-22)13.Law Enforcement. Any federal, state, or local law enforcement agency, or any agent of such agency, may be permitted access to information as needed in order to carry out its responsibilities under law to protect children from abuse, neglect, or abandonment. (3-17-22)Idaho Admin. Code r. 16.05.01.100