Ala. Admin. Code r. 795-1-1-.13

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

Section 795-1-1-.13 - Confidentiality Of Information And Client Records

All client and applicant information acquired shall remain the property of the Alabama Department of Rehabilitation Services. This information shall only be used and released for purposes directly related to the administration of programs, within the Department. Use and release of personal information shall conform to applicable state and federal law and regulations.

(1) An applicant, client, or parent or legal guardian in the case of a minor, or authorized representative may, upon reasonable notice received in writing and at a reasonable time during normal business hours, review all of the applicant's, client's, or minor's records maintained by the Department relating to the grant, denial, or provision of services. A Department staff member shall be present during any review. The Department make all information in the case record available except:

(a) an applicant, client, or parent in the case of a minor, or authorized representative may review only his or her own records, or the records of his or her own child or client;

(b) when the Department believes medical, psychological, or other information may be harmful to the individual, the information may not be released to the individual, but shall be provided through his or her authorized representative, a physician, or licensed or certified psychologist; and

(c) information obtained from another organization or agency may be released only under the conditions established by the outside agency, organization, or provider.

(2) All applicants and clients, or their authorized representatives, shall be informed of the confidentiality of records. Release of information must be by written consent of the client or applicant or authorized representative and must include:

(a) the nature of the information to be released;

(b) designation of the parties to whom the information may be released;

(c) the specific purpose for which the information is sought to be released;

(d) designation of the agency or person authorized to disclose the information; and

(e) dates of initiation and termination of consent.

(3) Upon written consent of an individual or an individual's authorized representative, the Department may release information that could otherwise be released to that individual, to the client's designee.

(4) The Department may disclose information pertaining to an applicant, or client without consent of the individual to its employees, agents, and providers who have a need for access to the information.

(5) Except as authorized above, employees of the Department shall not divulge the contents of any records to any person, or testify in court or in an administrative hearing, nor release records without the consent of the individual unless served with an appropriate subpoena or process and ordered to do so by a judge, hearing officer, or other lawful authority.

(6) The Department may charge a reasonable fee for any copies of records reproduced, said reasonable fee to be set from time-to-time in the discretion of the Commissioner, but not in excess of $1.00 per page.

Ala. Admin. Code r. 795-1-1-.13

Emergency adoption filed January 17, 1995; effective January 18, 1995. New Rule: filed April 13, 1995; effective May 18, 1995.

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 8/14/2021.

Author: Alabama Board of Rehabilitation Services

Statutory Authority:Code of Ala. 1975, §§ 21-9-5, 41-22-4.