La. Admin. Code tit. 67 § VII-1109

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-1109 - Confidentiality

A. General Statement. All personal information in the possession of the fiscal agent shall be used only for purposes directly connected with the administration of the program.

B. Notification to Consumer/Recipients. Individuals asked to supply information for the fiscal agent shall be informed of the need to collect confidential information and the policies governing its use, release, and access, including:

1. the confidentiality of information provided in the case file must contain documentation that the individual has been advised of the confidentiality of information pertinent to his/her case;

2. the principal purpose for which the fiscal agent intends to use or release the requested data;

3. whether they may refuse or are legally required to supply the requested data;

4. any known consequence arising from not providing requested information will be deemed ineligible for the program;

5. the identity of other agencies to which information is routinely released.

C. Release of Confidential Information. The case file must contain documentation concerning any information released with the individual's written consent where needed. Informed written consent is not needed for the release of personal records in the following condition. The consumer/recipient must be advised of this condition:

1. public assistance agencies or programs from which the client has requested services or to which he is being referred for services under the circumstances for which his consent may be presumed;

2. doctors, hospitals, clinics, rehabilitation centers and independent living centers providing services to clients as authorized by the agency/provider;

3. confidential information will be released to an organization or an individual engaged in research, audit, or evaluation only for purposes directly connected with the administration of the state program (including research for the development of new knowledge or techniques which would be useful in the administration of the program) and if the organization or individual furnishes satisfactory assurance that the information will be used only for the purpose for which it is provided; that it will not be released to persons not connected with the study under consideration; and that the final product of the research will not reveal any information that may serve to identify any person about whom information has been obtained through the state agency without written consent of such person and the state agency. Information for research, audit, or evaluation will be issued only on the approval of the secretary or secretary's designee.

D. Consumer/Recipient Access to Data. When requested in writing by the consumer/recipient or his representative, consumers/recipients or applicants have the right to see and obtain in a timely manner copies of any information that the fiscal agent maintains on them, including information in their case files, except:

1. medical and/or psychological information, when the service provider states in writing that disclosure to the individual would be detrimental to the consumer/recipient's physical or mental health;

2. medical, psychological, or other information which may be harmful to the consumer/recipient.

NOTE: Such information may not be released directly to the individual, but must be released, with the individual's informed consent, to the consumer/recipient's representative, or a physician or a licensed or certified psychologist.

3. when personal information has been obtained from another agency or organization, it may be released only by or under the conditions established by the other agency or organization.

E. Informed Consent. Informed consent means that the consumer/recipient has signed an authorization to release information, which:

1. is in language that the individual understands;

2. is dated;

3. is specific as to the nature of the information which may be released;

4. specifically designates the parties to whom the information may be released;

5. is specific as to the purpose(s) for which the released information may be used;

6. is specific as to the expiration date of the informed consent, which must not exceed one year.

F. Court Orders, Warrants and Subpoenas. Subpoenaed case records and depositions are to be handled in the following manner.

1. With the written informed consent of the consumer/recipient, the court will be given full cooperation.

2. Without the written informed consent of the consumer/recipient, when a fiscal agent is subpoenaed for a deposition or receives any other request for information regarding a consumer/recipient, he should:

a. honor the subpoena;

b. take subpoenaed case record or case material to the place of the hearing at the time and date specified on the subpoena;

c. if called upon to testify or to present the case record information, inform the court of the following:

i. that the case record information or testimony is confidential information;

ii. the subpoenaed case record information is in fiscal agency's possession;

iii. fiscal agent personnel will testify and/or release the case record information only if ordered to do so by the court.

La. Admin. Code tit. 67, § VII-1109

Promulgated by the Department of Social Services, Rehabilitation Services, LR 17:611 (June 1991), amended LR 19:1437 (November 1993), LR 33:1147 (June 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:664.6 and R.S. 36:477.