Acknowledging information to be true or
false.
(1)
Forms.
a.
General. Department staff
shall use Form 470-2115, Authorization for the Department to Release
Information, for releases by the subject that do not involve health information
requiring use of the authorization form described in paragraph 9.7(1) "c.
"
b.
Obtaining information
from a third party. The department is required to obtain information
to establish eligibility, determine the amount of assistance, and provide
services. Requests to third parties for this information involve release of
confidential identifying information about clients. Except as provided in rule
441-9.9
(17A,22), the department may make these requests only when the client has
authorized the release on one of the following forms.
(1) Form 470-0461, Authorization for Release
of Information.
(2) Form 470-1630,
Household Member Questionnaire.
(3)
Form 470-1631, Bank or Credit Union Information.
(4) Form 470-4670, Addendum for Application
and Review Forms for Release of Information.
(5) Form 470-1638, Request for School
Verification.
(6) Form 470-2844,
Employer's Statement of Earnings.
(7) Form 470-1640, Verification of
Educational Financial Aid.
(8) Form
470-3742, Financial Institution Verification.
(9) Form 470-3951, Authorization to Obtain or
Release Health Care Information.
c.
Health information.
(1) When consent or authorization for use or
disclosure of health information is required, facilities and department staff
responding to third-party requests for health information shall use Form
470-3951, Authorization to Obtain or Release Health Care Information, or a form
from another source that meets HIPAA requirements.
The department shall not require a subject to sign a HIPAA
authorization form as a condition of treatment, payment, enrollment in a health
plan, or eligibility for benefits. The department as a health care provider may
require a subject to sign a HIPAA authorization form for the use or disclosure
of protected health information for research, as a condition of the subject's
receiving research-related treatment.
A subject may revoke a HIPAA authorization provided under
subparagraph 9.7(1)"c "(1) at any time, provided that the
revocation is in writing using Form 470-3949, Request to End an Authorization,
except to the extent that the department has taken action in reliance
thereon.
(2) Except as
provided in subparagraph 9.7(1)"c "(1), department staff shall
release mental health or substance abuse information only with authorization on
Form 470-0429, Consent to Obtain and Release Information, or a form from
another source that meets requirements of law.
d.
Photographs and
recordings. The department uses Form 470-0060, Authorization to Take
and Use Photographs, and Form 470-0064, Authorization to Take and Use
Photographs of Minor or Ward, for permission to use photographs in department
publications. The department shall obtain authorization from the subject or
person responsible for the subject (such as a guardian, custodian, or personal
representative) before taking photographs or making any type of recording for
any purpose other than those specifically allowed by law or for internal use
within an institution.
e.
Veteran's Home. Rescinded lAB 10/29/03, effective 11/1/03.
(2)
Exceptions to use of
forms.
a.
Counsel.
Appearance of counsel before the department on behalf of the subject of a
confidential record is deemed to constitute consent for the department to
disclose records about the subject to the subject's attorney.
b.
Public official. A letter
from the subject to a public official which seeks the official's intervention
on behalf of the subject in a matter that involves the department shall be
treated as an authorization to release information. The department shall
release sufficient information about the subject to the official to resolve the
matter
c.
Medical
emergency. Department staff may authorize release of confidential
information to medical personnel in a medical emergency if the subject is
unable to give or withhold consent. As soon as possible after the release of
information, the subject shall be advised of the release.
d.
Abuse information.
Consent to release information is not required to gather information for
investigations of child abuse or dependent adult abuse.
(3)
Opportunity for subject to agree
or object. This subrule describes when the department may use or
disclose protected health information, without a written authorization, to
persons involved in the subject's care and for notification purposes. However,
the department shall give the subject an opportunity to agree or object, unless
this requirement is waived as specified in paragraph 9.7(3)
"e.
"
a.
Involvement in the
subject's care. The department may disclose protected health
information that is directly relevant either to a subject's care or to payment
related to the subject's care, provided payment is relevant to the person's
involvement in the subject's care. The person involved must be:
(1) A family member;
(2) Another relative;
(3) A close personal friend of the subject;
or
(4) Any other person identified
by the subject.
b.
'Notification purposes. The department may use or disclose
protected health information to notify, or assist in notifying, identifying or
locating a family member, a personal representative of the subject, or another
person responsible for the care of the subject of the subject's location,
general condition or death. For disaster relief purposes, the use or disclosure
shall be in accordance with paragraph 9.7(3)'f."
c.
Uses and disclosures with the
subject present. If the subject is present for, or available before, a
use or disclosure permitted by this subrule and has the capacity to make health
care decisions, the department may use or disclose the protected health
information if the department:
(1) Obtains
the subject's agreement;
(2)
Provides the subject with the opportunity to object to the disclosure, and the
subject does not express an objection; or
(3) Reasonably infers from the circumstances,
based on the exercise of professional judgment, that the subject does not
object to the disclosure.
d.
Informing the subject.
The department may orally inform the subject of and obtain the subject's oral
agreement or objection to a use or disclosure permitted by this
subrule.
e.
limited uses
and disclosures when the subject is not present. When the subject is
not present, or the opportunity to agree or object to the use or disclosure
cannot practicably be provided because of the subject's incapacity or an
emergency circumstance, the department may, in the exercise of professional
judgment, determine that disclosure is in the best interest of the subject.
(1) When the department determines that
disclosure is in the subject's best interest, the department may disclose only
the protected health information that is directly relevant to the person's
involvement with the subject's health care.
(2) The department may use professional
judgment and its experience with common practice to make reasonable inferences
of the subject's best interest in allowing a person to act on behalf of the
subject to pick up filled prescriptions, medical supplies, X-rays, or other
similar forms of protected health information.
f.For disaster relief
purposes. The department may use protected health information or
disclose protected health information to a public or private organization
authorized by law or by its charter to assist in disaster relief efforts for
the purpose of coordinating with these organizations the uses or disclosures
permitted by paragraph 9.7(3)"b. " The requirements in
paragraphs 9.7(3)"c " and"d" apply to these
uses and disclosures to the extent that the department, in the exercise of
professional judgment, determines that the requirements do not interfere with
the ability to respond to the emergency circumstances.