Section 0030-01-05-.08 - CONFIDENTIALITY REQUIREMENTS FOR PARTICIPANT INFORMATION(1) In order that the privacy of each participant in aging programs is in no way abridged, the confidentiality of all participant data gathered and maintained by the State Agency, the Area Agency, and any other agency, organization, or individual providing services under the State or area plan, shall be safeguarded by specific policies.(2) Each participant from whom personal information is obtained shall be made aware of his or her rights to: (a) Have full access to any information about one's self which is being kept on file;(b) Be informed about the uses made of the information about him or her, including the identity of all persons and agencies involved and any known consequences for providing such data; and,(c) Be able to contest the accuracy, completeness, pertinence, and necessity of information being retained about one's self and be assured that such information, when incorrect, will be corrected or amended on request.(3) All information gathered and maintained on participants under the area plan shall be accurate, complete, and timely and shall be legitimately necessary for determining an individual's need and/or eligibility for services and other benefits.(4) No information about, or obtained from, an individual participant shall be disclosed in any form identifiable with the individual to any person outside the agency or program involved without the informed consent of the participant or his/her legal representative, except: (b) When securing client-requested services, benefits, or rights.(5) The lists of older persons receiving services under any programs funded through the Commission shall be used solely for the purpose of providing said services, and can only be released with the informed consent of each individual on the list.(6) All paid and volunteer staff members providing services or conducting other activities under the area plan shall be informed of:(a) Their responsibility to maintain the confidentiality of any client-related information learned through the execution of their duties. Such information shall not be discussed except in a professional setting as required for the delivery of service or the conduct of other essential activities under the area plan; and,(b) All policies and procedures adopted by the State and Area Agency to safeguard confidentiality of participant information, including those delineated in these rules.(7) Appropriate precautions shall be taken to protect the safety of all files, microfiche, computer tapes and records in any location which contain sensitive information on individuals receiving services under the State or area plan.(8) Interviews with program participants shall not be filmed, taped, photographed, or observed without the prior knowledge and consent of that participant individual.(9) Any complaint filed by a participant, potential participant, or individual denied services shall be thoroughly investigated with a written response provided in a timely manner. The identity of the complainant shall not be released by the investigating agency without the express informed, written consent of the individual(s) involved.Tenn. Comp. R. & Regs. 0030-01-05-.08
Original rule filed July 6, 1982; effective August 6, 1982.Authority: T.C.A. § 14-6-105.