W. Va. Code R. § 64-94-10

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-94-10 - Confidential Information, Utilization of Information, and Permitted Disclosures of Information

10.1. Confidential Information: Any information collected and maintained pursuant to this rule by the Registry which identifies an individual as having Alzheimer's disease or a related disorder is "confidential information" and exempt from disclosure to third parties, pursuant to the provisions of all applicable state and federal laws, unless the disclosure is permitted pursuant to the provisions of subsection 10.3 of this section.

10.2. Use of non-identifying information:

10.2.1. The Registry may disclose non-identifying information for research purposes only.

10.3. Permitted Disclosures of Confidential Information:

10.3.1. Registry may release "confidential information" to the following:

10.3.1.a. The individual diagnosed with Alzheimer's disease or a related disorder;

10.3.1.b. The individual's representative, who has the legal authority to access the individual's confidential information by virtue of a lawful written authorization or legal instrument or by virtue of an order from a court of competent jurisdiction;

10.3.1.c. A physician or other health care provider, if the request for confidential information is for the purpose of a medical evaluation or treatment of the individual;

10.3.1.d. Any individual or entity which provides the Registry with a lawful written authorization for the disclosure of confidential information from the individual diagnosed with Alzheimer's disease or related disorder or that individual's representative; or

10.3.1.e. Any individual or entity which provides the Registry with an order from a court of competent jurisdiction ordering the disclosure of confidential information.

10.4. In order to ensure patient confidentiality, patients will be assigned a unique identifying number. All patient information shall be stored as identified information and information with identification removed in two linked data sets on a secure, encrypted, password-protected database server. The Director of the Registry and his or her designee shall have the only means of linking the identified information and the information with identification removed.

W. Va. Code R. § 64-94-10