W. Va. Code R. § 64-7-20 - Confidentiality

Current through Register Vol. XXXVIII, No. 51, December 23, 2021

20.1. Any epidemiologic information collected and maintained pursuant to this rule by local health officers or the Commissioner which identifies an individual or facility as having or suspected of having a reportable disease or condition, or as having been identified in an epidemiologic investigation is confidential and exempt from disclosure as provided in W. Va. Code § 29B-1-1, et seq., the Freedom of Information Act. The same information is also confidential and exempt from disclosure pursuant to a subpoena, unless accompanied by a Court Order signed by a Judge.
20.2. In the case of an individual, the Commissioner or a local health officer may release confidential information identified in subsection 20.1. of this section to the following:
20.2.a. The patient;
20.2.b. The patient's legal representative whose authority encompasses the authority to access the patient's confidential information;
20.2.c. Individuals who maintain and operate the data and medical record systems used for the purposes of this rule, if the systems are protected from access by persons not otherwise authorized to receive the information;
20.2.d. The patient's physician or other medical care provider when the request is for information concerning the patient's medical records and is, in the determination of the Commissioner or the local health officer, to be used solely for the purpose of medical evaluation or treatment of the patient;
20.2.e. Any individual with the written consent of the patient and of all other individuals identified, if applicable, in the information requested;
20.2.f. Staff of a federal, State, or local health department or other agencies with the responsibility for the control and treatment of disease, to the extent necessary for the agency to enforce specific relevant provisions of federal, State and local law, rules and regulations concerning the control and treatment of disease;
20.2.g. Medical personnel caring for a potentially exposed individual to the extent necessary to protect the health or life of the exposed individual;
20.2.h. The manager or director of a licensed facility, restaurant, school or daycare where the case or suspected case resides, or is employed or in attendance, if determined absolutely necessary by the Commissioner for protection of the public's health under the following provisions:
20.2.h.1. Disclosed information is limited to the name of the individual, the name of the disease, laboratory test results associated with the reportable disease and steps the manager or director shall take to assure protection of the health of the public; and
20.2.h.2. The personal identity of the employee shall be kept confidential by the manager or director to whom a disclosure was made; and
20.2.i. The persons to whom reports are required to be filed under W. Va. Code § 49-6A-1, et seq., regarding children suspected to be abused or neglectedis subject to the confidentiality protections of W. Va. Code §§ 16-4-10, 16-29-1 and 16-3C-3, or any other applicable confidentiality code section.
20.3. In the case of a licensed facility, the Commissioner or a local health officer may release confidential information to the public when there is a clear and convincing need to protect the public's health as determined necessary by the Commissioner.

Notes

W. Va. Code R. § 64-7-20

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