(1) The purpose
of this chapter is to facilitate public access to open records. It also seeks
to facilitate department determinations with respect to the handling of
confidential records and the implementation of the fair information practices
Act. The department is committed to the policies set forth in Iowa Code chapter
22; department staff shall cooperate with members of the public in implementing
the provisions of that chapter.
These rules also implement the federal Health Insurance
Portability and Accountability Act (HIPAA) regulations at 45 CFR Parts 160 and
164 as amended to March 26, 2013. These rules set forth the standards the
department must meet to protect the privacy of protected health information.
The department is a hybrid entity for purposes of HIPAA. The rules on protected
health information apply only to those parts of the department that are
considered part of the covered entity.
(2) This chapter does not:
a. Require the agency to index or retrieve
records which contain information about individuals by that person's name or
other personal identifier.
b. Make
available to the general public records which would otherwise not be available
under the public records law, Iowa Code chapter 22.
c. Govern the maintenance or disclosure of,
notification of, or access to records in the possession of the agency which are
governed by the rules of another agency.
d. Apply to grantees, including local
governments or subdivisions thereof, administering state-funded
programs.
e. Make available records
compiled by the agency in reasonable anticipation of court litigation or formal
administrative proceedings. The availability of such records to the general
public or to any subject individual or party to such litigation or proceedings
shall be governed by applicable constitutional principles, statutes, rules of
discovery, evidentiary privileges, and applicable rules of the
agency.
f. Require the agency to
create, compare or procure a record solely for the purpose of making it
available.
Notes
Iowa Admin. Code r. 441-9.1
Adopted by
IAB
May 29, 2024/Volume XLVI, Number 25, effective
7/3/2024
