(a) Records concerning persons receiving or
having received treatment shall be kept confidential and shall not be released
nor their content disclosed without the consent of a person given under §
5100.34 (relating to consensual
release to third parties), except that relevant portions or summaries may be
released or copied as follows:
(1) To those
actively engaged in treating the individual, or to persons at other facilities,
including professional treatment staff of State Correctional Institutions and
county prisons, when the person is being referred to that facility and a
summary or portion of the record is necessary to provide for continuity of
proper care and treatment.
(2) To
third party payors, both those operated and financed in whole or in part by any
governmental agency and their agents or intermediaries, or those who are
identified as payor or copayor for services and who require information to
verify that services were actually provided. Information to be released without
consent or court order under this subsection is limited to the staff names, the
dates, types and costs of therapies or services, and a short description of the
general purpose of each treatment session or service.
(3) To reviewers and inspectors, including
the Joint Commission on the Accreditation of Hospitals (JCAH) and Commonwealth
licensure or certification, when necessary to obtain certification as an
eligible provider of services.
(4)
To those participating in PSRO or Utilization Reviews.
(5) To the administrator, under his duties
under applicable statutes and regulations.
(6) To a court or mental health review
officer, in the course of legal proceedings authorized by the act or this
chapter.
(7) In response to a court
order, when production of the documents is ordered by a court under §
5100.35(b)
(relating to release to courts).
(8) To appropriate Departmental personnel §
5100.38 (relating to child or
patient abuse).
(9) In response to
an emergency medical situation when release of information is necessary to
prevent serious risk of bodily harm or death. Only specific information
pertinent to the relief of the emergency may be released on a nonconsensual
basis.
(10) To parents or guardians
and others when necessary to obtain consent to medical treatment.
(11) To attorneys assigned to represent the
subject of a commitment hearing.
(b) Current patients or clients or the
parents of patients under the age of 14 shall be notified of the specific
conditions under which information may be released without their
consent.
(c) Information made
available under this section shall be limited to that information relevant and
necessary to the purpose for which the information is sought. The information
may not, without the patient's consent, be released to additional persons or
entities, or used for additional purposes. Requests for information and the
action taken should be recorded in the patient's records.
