Section 7541 - Confidentiality(a) An I&A provider shall not disclose any information about an older individual, or information obtained from an older individual which in any way identifies that older individual, without the written consent of the older individual or of that older individual's legal representative, unless the disclosure is required by court order, or for program monitoring by authorized federal, State, or local monitoring agencies.(b) The following security measures shall apply to protect the confidentiality of the older individual's records: (1) Names, addresses, and phone numbers of older individuals shall be removed from data/information used for reporting or planning purposes.(2) Records with older individual's names, addresses, and phone numbers shall: (A) Be available only to authorized service staff assisting the older individual. Written permission of the older individual shall be obtained before this data/information can be released to persons other than authorized service staff.(B) Remain in a secure, locked file or, in the case of computerized information systems, password-secured or otherwise protected to protect the confidentiality of the client's records.(c) During any interview with the older individual, service staff shall solicit only information that is required to identify the individual's service needs and make a proper referral. The individual shall have the right to withhold information when being interviewed. If the individual refuses to disclose information that is essential to identify service needs and make a proper referral, this should be thoroughly explained before concluding the inquiry.Cal. Code Regs. Tit. 22, § 7541
1. New section filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
2. Change without regulatory effect amending NOTE filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7). Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: 42 U.S.C. 3026(a)(4) and 45 C.F.R. 1321.51(a).
1. New section filed 7-24-96; operative 8-23-96 (Register 96, No. 30).
2. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).