N.H. Code Admin. R. He-C 6917.20

Current through Register No. 23, June 6, 2024

Section He-C 6917.20 - Confidentiality

(a) Except for law enforcement agencies or in an administrative proceeding against the applicant or enrolled provider, the department shall keep confidential any information collected during an investigation, unless it receives an order to release, destroy, or take any action relating to the information from a court of competent jurisdiction.

(b) When the department determines any child was the victim of corporal punishment, or other harsh punishment or treatment, or has been physically or mentally injured because the child was not supervised, or any child's health, safety, or well-being was otherwise jeopardized due to provider's non-compliance with He-C 6917, the department shall contact the child's parent to ensure that the provider has fully informed the parent about the corporal punishment, or other harsh punishment or treatment, or the incident which injured their child or placed their child at risk, in accordance with He-C 6917.14(f).

(c) A provider shall maintain all records, whether in electronic or paper format, required by He-C 6917:

(1) On the premises; and

(2) Accessible and available for review by the department, upon request, for one year, unless otherwise specified.

(d) A provider shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of children under their care and all facts learned about children and their families with the following exceptions:

(1) A provider shall allow the department access to all records that are required by department rule or state statute to keep; and

(2) A provider shall release information regarding a specific child only as directed by a parent of that child, or upon receipt of written authorization to release such information, signed by that child's parent.

(e) Any provider shall not:

(1) Make false or misleading statements to the department, whether verbal or written; or

(2) Falsify any documents, other written information, or reports issued by or required by the department under He-C 6912, He-C 6914, He-C 6917, or He-C 6920.

(f) In addition to (d) above, a provider shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a child with the child's parent in a manner that protects and maintains confidentiality for both the child and the child's parent.

N.H. Code Admin. R. He-C 6917.20

Derived from Number 23, Filed June 8, 2023, Proposed by #13650, Effective 5/25/2023, Expires 5/25/2033 (formerly He-C 6917.20).