La. Admin. Code tit. 67 § VII-213

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-213 - Confidentiality and Case Records

A. General

1. All client information is confidential. All personal information in the possession of the CRP shall be used only for purposes directly connected with the administration of the program.

2. A CRP shall have written procedures for the maintenance and security of records specifying who shall supervise the maintenance of records, who shall have custody of records and to whom records may be released. Records shall be the property of the center and the center, as custodian, shall secure records against loss, tampering or unauthorized use.

B. The CRP shall have safeguards in place for electronic records to protect the privacy of the consumer's information including:

1. safeguards for names, Social Security numbers, birthdates, medical information;

2. process for reporting breach of security;

3. notification of appropriate authorities;

4. notification of LRS;

5. timelines for reporting breaches of security.

C. Notification to Clients. Individuals asked to supply the CRP with information concerning themselves shall be informed of the CRP's need to collect confidential information and the policies governing its use, release, and access including:

1. a Consent to Release Case Record Information Form contained in case files which must document that individuals have been advised of the confidentiality of information pertinent to their case;

2. the principal purpose for which the CRP intends to use or release the requested data;

3. whether the individuals may refuse, or are legally required to supply the requested data;

4. any known consequence arising from not providing the requested information;

5. the identity of other agencies to which information is routinely released.

D. Release of Confidential Information. The case file must contain documentation concerning any information released with the individual's written consent.

E. No use shall be made of the name or picture of an individual served without the prior written consent of the individual, or his or her legal guardian.

F. Client Access to Data. When requested in writing by the involved individual or an authorized representative, clients or applicants have the right to see and obtain in a timely manner copies of any information that the CRP maintains on them, including information in their case files, except:

1. medical and/or psychological information, when the service provider states in writing that disclosure to the individual would be detrimental to the individual's physical or mental health;

2. medical, psychological, or other information which the CRP determines harmful to the individual;

NOTE: Such information may not be released directly to the individual, but must be released, with the individual's informed consent, to the individual's representative, or a physician or a licensed or certified psychologist.

3. personal information that has been obtained from another agency or organization. Such information may be released only by or under the conditions established by the other agency or organization.

G. Informed Consent. Informed consent means that the individual has signed an authorization to release information and such authorization is as follows:

1. in a language that the individual understands;

2. dated;

3. specific as to the nature of the information which may be released;

4. specifically designates the parties to whom the information may be released;

5. specific as to the purpose(s) for which the released information may be used;

6. specific as to the expiration date of the informed consent which must not exceed one year.

H. Release of Client Information without Informed Consent

1. The CRP must have written authorization to release confidential client information except in the following instance:

a. the CRP can release personal information without informed written authorization to protect the client or others when the client poses a threat to his/her safety or to the safety of others;

b. the CRP can only release that information necessary to protect the client or others;

c. the CRP or employee providing the information must carefully record all the facts and circumstances in the client's case record.

2. Examples of Emergency Situations. Emergency situations that might require release of personal information without informed written authorization could possibly include the following:

a. threats of murder and/or suicide;

b. threats to the safety of the workplace;

c. national security violations.

I. Confidentiality-HIV Diagnosis. Each time confidential information is released on applicants or clients who have been diagnosed as HIV positive, a specific informed written consent form must be obtained.

J. Location of Records

1. The CRP shall keep on site the following records:

a. all IPE's and Agency Service Plans;

b. all client plan updates and progress notes;

c. all client evaluations;

d. a copy of the CRP's policy and procedure manual(s);

e. a copy of the employee's criminal history check.

2. All other records shall be kept in the main office of the CRP, if applicable.

La. Admin. Code tit. 67, § VII-213

Promulgated by the Department of Social Services, Office of Rehabilitation Services, LR 24:1955 (October 1998), Amended by the Workforce Commission, Rehabilitation Services, LR 48307 (2/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:664.4 and R.S. 36:477.