Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.05.01 - USE AND DISCLOSURE OF DEPARTMENT RECORDS
Section 16.05.01.010 - DEFINITIONS

Universal Citation: ID Admin Code 16.05.01.010

Current through September 2, 2024

01. Authorization. A time-limited written consent for the disclosure of confidential information to a specific individual or entity outside the Department, and outside of normal business processes for providing Department services.

02. Confidential Information. Information that may only be used or disclosed as provided by state or federal law, federal regulation, or state rule.

03. Consent. Permission to use or disclose confidential information. Consent may be inferred from the circumstances.

04. Department. The Idaho Department of Health and Welfare.

05. Guardian ad Litem. The person appointed by the court, according to law, to protect the interest of a minor or an incompetent in a case before the court.

06. Health Information. Identifying information about the past, present or future:

a. Physical or mental health or condition of an individual;

b. Provision of health care to an individual; or

c. Payment for health care for an individual.

07. Identifying Information. The name, address, social security number, or other information by which an individual could be identified. Information may also be identifying without a name, based on the context or circumstances of a disclosure.

08. Informal Representative. A person who is not a legal representative, but who is a relative, friend, or other person permitted to communicate with the Department on behalf of an individual. The individual or legal representative may give such permission verbally, in writing, or through their conduct.

09. Legal Representative. The parent of a minor, a guardian, conservator, attorney, or an individual who has an appropriate power of attorney.

10. Minimally Necessary. The information that is essential to provide benefits or services, and to perform normal business processes of the Department.

11. Need-to-Know. Confidential information that is necessary to provide benefits or services, and to perform normal business processes of the Department.

12. Psychotherapy Notes. Notes recorded in any format by a mental health professional that documents or analyzes the content of individual or group counseling sessions, and that are separated from the rest of the individual's medical record. The term "psychotherapy notes" excludes:

a. Medication prescription and monitoring;

b. Counseling session start and stop times;

c. Types and frequencies of treatment furnished;

d. Results of clinical tests; and

e. Any summary of diagnosis, functional status, the treatment plan, symptoms, prognosis and progress to date.

Effective March 17, 2022

Disclaimer: These regulations may not be the most recent version. Idaho 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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