28 Pa. Code § 709.28 - Confidentiality
(a) A written
procedure shall be developed by the project director which shall comply with 4
Pa. Code §255.5 (relating to projects and
coordinating bodies: disclosure of client -oriented information). The procedure
must include, but not be limited to:
(1)
Confidentiality of client identity and records. Procedures must include a
description of how the project plans to address security and release of
electronic and paper records and identification of the person responsible for
maintenance of client records .
(2)
Identification of project staff having access to records, and the methods by
which staff gain access.
(b) The project shall secure hard copy client
records within locked storage containers. Electronic records must be stored on
secure, password protected data bases.
(c) The project shall obtain an informed and
voluntary consent from the client for the disclosure of information contained
in the client record. The consent must be in writing and include, but not be
limited to:
(1) Name of the person, agency or
organization to whom disclosure is made.
(2) Specific information disclosed.
(3) Purpose of disclosure.
(4) Dated signature of client or guardian as
provided for under 42 CFR
2.14(a) and (b) and
2.15 (relating to minor patients;
and incompetent and deceased patients).
(5) Dated signature of witness.
(6) Date, event or condition upon which the
consent will expire.
(d)
A copy of a client consent shall be offered to the client and a copy maintained
in the client record.
(e) When
consent is not required, the project personnel shall:
(1) Fully document the disclosure in the
client records .
(2) Inform the
client , as readily as possible, that the information was disclosed, for what
purposes and to whom.
Notes
The provisions of this § 709.28 amended under section 2301-A of The Administrative Code of 1929 (71 P. S. § 613.1).
This section cited in 28 Pa. Code § 715.11 (relating to confidentiality of patient records).
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