Section 0250-07-11-.03 - PROCEDURES FOR RELEASE OF NON-IDENTIFYING INFORMATION AND/OR TRANSMITTAL OF UPDATED MEDICAL INFORMATION(1) A person seeking information pursuant to this Chapter shall file a written request with the Department's Post-Adoptions unit in care of: Tennessee Department of Children's Services
Post-Adoption Services
436 Sixth Avenue North
Nashville, TN 37243-1290
(2) Requests for non-identifying information or transmittal of updated medical information will be processed on a first come, first serve basis in the order of receipt and after all other pending requests, unless the Department, in its sole discretion, determines that life threatening or medically terminal circumstances involving the requesting party warrant taking a particular request out of order, which reason shall be noted in the post-adoption record.(3) Establishment of Eligibility:(a) Records may be opened by the Department to determine relationship of the adopted person and other eligible persons requesting access to the records.(b) Proof of relationship may be shown by any satisfactory evidence to the Department.(c) The Post-Adoption unit staff will review all records to verify the individual's identity and relationship to the adopted person and to determine eligibility of the person requesting to have non-identifying information from the record, or to update or transmit medical information.(d) If relationship, verification of identity, or other facts necessary to permit release of non-identifying information or transmittal of medical information cannot be determined from any information made available to the Department, or if other circumstances pursuant to these rules, including denial of a fee waiver, require, then the person requesting service shall be notified by the Department that the request for service has been denied, the person shall be notified of the basis of denial in writing and the person may request a fair hearing pursuant to the Department's rules.(4) Non-identifying Information: (a) When non-identifying information is noted in the record about an alleged birth parent/relative, the information will be released. Such information will be noted that the record only establishes an alleged relationship of parent or relative and the record does not, otherwise, establish any other relationship.(b) Non-identifying information from sealed records, sealed adoption records or post-adoption records shall be granted by the Department to an eligible person as provided pursuant to this Chapter when such person's identity has been verified and such records exist. Non-identifying information from the home study will not be released.(c) No request for non-identifying information shall be processed or provided until the fees required by 0250-1-2-.04 have been paid or a fee waiver determination required by 0250-1-2-.04 has been completed unless the Department shall determine, in its sole discretion, that access should be provided prior to payment of the fee or the fee waiver determination because of a life threatening medical emergency affecting the health, safety, or welfare of any person(s) or because of a medically terminal circumstance involving the requesting party.(d) Non-identifying information is available for an adopted person under 18 years of age by request of the adoptive parent or legal representative of the adopted person.(e) The alleged parent/relative is not an eligible person to receive non-identifying information. (5) Transmittal of Updated Medical Information:(a) Pursuant to T.C.A. § 36-1-135, transmittal of updated medical information for eligible persons shall be provided by the Department at no charge.(b) Updated medical information shall be transmitted by the Department to affected eligible persons when such person's identity has been verified and such records exist, provided that such information is in the form of written evidence from a licensed health care professional or from a licensed health care facility which explains the health care status of an eligible person and why the transmission of such information is necessary.(c) No updated medical information will be transmitted on behalf of persons who do not meet eligibility requirements.(d) When the records do not contain sufficient information to identify eligible individuals the Department will not conduct a search to update or transmit medical information.(e) If the records indicate there are eligible individuals to or from whom the medical information should be transmitted, but the record does not establish their identity, the birth mother will be the source of information used to identify and locate these persons.(f) The alleged parent/relative is not an eligible person for transmittal of updated medical information.(g) Transmittal of updated medical information concerning a person under age eighteen (18) shall be made with the adoptive or legal parent or with the legal representative of the person.(h) Transmittal of information shall be provided to the Department by means of a specific release for a stated purpose and the release shall be for a time period of four (4) months from the date the release is signed.(See Appendix).(i) If any eligible person seeks additional or updated information for a medically established need as determined by written evidence from a licensed health care professional or a licensed health care facility pursuant to the requirements the Department shall contact the persons who have access to or who have or may have knowledge of such information and shall request the persons so contacted to provide such information to the Department for transmittal to the treating professionals or health care facility of the requesting party.(j) Critical medical information (with identifying information deleted) provided by a licensed health care professional or a licensed health care facility will be shared when this information would assist in responding to a request.(k) When transmittal of updated medical information is sought, the identities of any individual will not be released.Tenn. Comp. R. & Regs. 0250-07-11-.03
Original rule filed September 7, 2001; effective November 21, 2001.Authority: T.C.A. §§ 37-5-105, 36-1-101 et seq., Section 13 of Public Chapter 1079 (1996), and Public Chapter 1054 (1996).