Ala. Admin. Code r. 560-X-27-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 560-X-27-.02 - Confidential Materials - Other Items

(1) The following materials or categories of information are declared to be confidential and the same shall not be released to persons outside the Medicaid Agency except as noted below:

(a) Minutes of the Utilization Review Committee (URC);

(b) Claims Processing Manual;

(c) Personnel records of Agency personnel;

(d) Any communications, documents or materials by and between Agency legal counsel and Medicaid Agency personnel which come within the protection of the attorney-client privilege under the common law of Alabama.

(2) Confidential materials referred to in Paragraphs (1)(a), (b), and (c) may be released to persons outside the Medicaid Agency only as follows:

(a) In response to a valid subpoena or court order;

(b) To state or federal auditors, on a need-to-know basis;

(c) With regard to URC minutes, a redacted version which deletes information about third persons may be released to the affected recipient, provider or authorized representative.

(3) Confidential materials referred to in paragraph (1)(d) shall not be released except by court order.

(4) These confidential materials may be released in other situations in which a need-to-know is demonstrated, if not otherwise prohibited by law and if authorized by the commissioner, Deputy Commissioners or the Agency General Counsel.

Author: Bill Butler, General Counsel

Ala. Admin. Code r. 560-X-27-.02

Rule effective October 1, 1982. Amended: Filed May 12, 2004; effective June 16, 2004.

Statutory Authority:Code of Ala. 1975, § 41-22-12; 42 C.F.R. §431.305(b).