Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 1 - DEPARTMENT OF HEALTH SERVICES - ADMINISTRATION
Article 3 - DISCLOSURE OF MEDICAL RECORDS, PAYMENT RECORDS, AND PUBLIC HEALTH RECORDS
Section R9-1-302 - Medical Records or Payment Records Disclosure
Universal Citation: AZ Admin Code R 9-1-302
Current through Register Vol. 30, No. 38, September 20, 2024
A. Except as provided in subsection (B), an employee or volunteer shall not disclose to a third person medical records or payment records containing individually identifiable health information obtained or accessed as a result of the employment or volunteering.
B. Unless otherwise prohibited by law, an employee or volunteer may disclose to a third person medical records or payment records containing individually identifiable health information:
1. With the valid authorization of the
individual identified by the information in the medical records or payment
records, if the individual:
a. Is at least
age 18 or an emancipated minor, and
b. Is not an incapacitated person;
2. With the valid authorization of
the parent, legal guardian, or other health care decision maker of the
individual identified by the information in the medical records or payment
records, if the individual is:
a. Less than
age 18, other than an emancipated minor; or
b. An incapacitated person;
3. With the valid authorization of
the individual identified by the information in the medical records or payment
records, regardless of age, if:
a. The
information to be disclosed resulted from the consent given by the individual
under A.R.S. §
36-663
or A.R.S. §
44-132.01
and,
b. The individual is not an
incapacitated person;
4.
With the valid authorization of the individual identified by information in the
medical records or payment records if:
a. The
information to be disclosed resulted from the individual's treatment under
A.R.S. §
44-133.01;
b. The individual was at least age 12 at the
time of the treatment under A.R.S. §
44-133.01
as established by documentation, such as a copy of the individual's:
i. Driver license issued by a state,
or
ii. Birth certificate;
and
c. The individual is
not an incapacitated person;
5. If the individual identified by the
information in the medical records or payment records is deceased, upon the
written request to the Department according to subsection (D) for disclosure of
the deceased individual's medical records or payment records to:
a. The deceased individual's health care
decision maker at the time of death;
b. The personal representative of the
deceased individual's estate; or
c.
If the deceased individual's estate has no personal representative, a person
listed in A.R.S. §
12-2294(D);
6. At the direction of the Human
Subjects Review Board, if the medical records or payment records are sought for
research and the disclosure meets the requirements of
45
CFR 164.512(i)(2);
or
7. As required by an order
issued by a court of competent jurisdiction.
C. For purposes of subsection (B)(1), an individual less than age 18 who claims emancipated minor status shall submit to the Department a valid authorization signed by the individual less than age 18 and:
1. A copy of an order emancipating the
individual issued by the Superior Court of Arizona;
2. If the individual was an emancipated minor
in a state other than Arizona:
a.
Documentation establishing that the individual is at least age 16, such as a
copy of the individual's:
i. Driver license
issued by a state, or
ii. Birth
certificate; and
b.
Documentation of the individual's emancipation, such as a copy of:
i. An order emancipating the individual
issued by a court of competent jurisdiction of a state other than Arizona,
ii. A real property purchase
agreement signed by the individual as the buyer or the seller in a state other
than Arizona,
iii. An order for the
individual to pay child support issued by a court of competent jurisdiction of
a state other than Arizona, or
iv.
A loan agreement with a financial institution, such as a bank, savings and loan
association, a credit union, or a consumer lender, signed by the individual as
the borrower in a state other than Arizona;
3. A copy of the individual's marriage
certificate issued by a state;
4.
If the individual is a homeless minor, as described in A.R.S. §
44-132,
documentation such as:
a. A statement on the
letterhead of a homeless shelter, as defined in A.R.S. §
16-121,
or halfway house that:
i. Is dated within 10
calendar days before the date the Department receives the document,
ii. States the homeless shelter or halfway
house is the individual's primary residence,
iii. Is signed by an authorized signer for
the homeless shelter or halfway house, and
iv. States the authorized signer's title or
position at the homeless shelter or halfway house; or
b. A statement signed by the individual that:
i. The individual does not live with the
individual's parents, and
ii. The
individual lacks a fixed nighttime residence;
5. If the individual is a U.S. armed forces
enlisted member, a copy of the individual's U.S. armed forces:
a. Enlistment document, or
b. Identification card; or
6. If the individual is a U.S.
armed forces veteran, as defined in
38
U.S.C. 101, a copy of the individual's
discharge certificate.
D. A request to the Department under subsection (B)(5) to disclose medical records or payment records shall include:
1. The name of the individual identified by
the information in the medical records or payment records;
2. A statement that the individual identified
by the information in the medical records or payment records is
deceased;
3. The description and
dates of the medical records or payment records requested;
4. The name, address, and telephone number of
the person requesting the medical records or payment records
disclosure;
5. Whether the person
requesting the medical records or payment records disclosure:
a. Was the deceased individual's health care
decision maker at the time of death,
b. Is the personal representative of the
deceased individual's estate, or
c.
Is a person listed in A.R.S. §
12-2294(D);
6. The signature of the individual
requesting the medical records or payment records disclosure;
7. Documentation that the individual
identified by the information in the medical records or payment records is
deceased, such as a copy of:
a. The
individual's death certificate,
b.
A published obituary notice for the individual, or
c. Written notification of the individual's
death; and
8.
Documentation establishing the relationship to the deceased individual
indicated under subsection (D)(5), which includes the following:
a. Appointment as the deceased individual's
legal guardian by a court of competent jurisdiction,
b. Appointment as the personal representative
of the deceased individual's estate by a court of competent
jurisdiction,
c. The deceased
individual's birth certificate naming the person requesting the medical records
or payment records as a parent,
d.
The birth certificate of the person requesting the medical records or payment
records naming the deceased individual as a parent, or
e. If the person requesting the medical
records or payment records disclosure is the deceased individual's surviving
spouse:
i. A copy of the person's marriage
certificate naming the deceased individual as spouse, and
ii.
A copy of the deceased individual's probated will naming the person as the
deceased individual's surviving spouse.
E. The Department shall send a response to a request for medical records or payment records disclosure under subsection (B)(5) that meets the requirements of subsection (D):
1. By regular mail,
2. To the address provided under subsection
(D)(4), and
3. Within 30 days after
the date the Department receives the request.
Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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