Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
200.505(2)(c),
200.509
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
July 9, 2004, created the Cabinet for Health and Family Services and placed the
Department for Behavioral Health, Developmental, and Intellectual Disabilities
within the cabinet.
KRS
200.505(2)(c) requires the
State Interagency Council for Service to Children with an Emotional Disability
to develop a form to be signed by the parent or other legal guardian of a child
referred for services to a state interagency council and regional interagency
council for children with an emotional disability.
KRS
200.505(3) authorizes the
State Interagency Council for Services to Children with an Emotional Disability
to promulgate administrative regulations necessary to comply with the
requirements of
KRS
200.501 to
200.509.
This administrative regulation establishes requirements for protect the
confidentiality of information about a child and incorporates by reference the
confidentiality form.
Section 1.
Definitions.
(1) "Confidential information"
means information about a child or the parent or legal guardian of the child
which is obtained by a mental health professional or health care provider, if
there is a reasonable expectation that, because of the relationship between the
child or the parent or legal guardian of the child and the mental health
professional or health care provider, or the circumstances under which the
information was revealed or obtained, the information will not be disclosed by
the mental health professional or health care provider without an authorization
to release signed by the parent or legal guardian of the child or as mandated
by law.
(2) "Interagency meeting"
means a face-to-face meeting, whether conducted in person or by two (2) way
interactive video via a secured electronic connection, where two (2) or more
persons who represent different organizations may discuss or disclose
information of a confidential nature for the purpose of coordinating services
to a child pursuant to
KRS
200.509(3)(b).
(3) "Local interagency council" means the
council established pursuant to
KRS
200.509(5).
(4) "Parent representative" means an adoptive
or biological parent of a child with an emotional disability who is a consumer
of state-funded service for children with an emotional disability, who is
appointed to serve as a representative on:
(a)
A state interagency council pursuant to
KRS
200.505(1)(b); or
(b) A regional interagency council pursuant
to
KRS
200.509(1)(d).
(5) "State Interagency Council"
means the council established pursuant to
KRS
200.505.
Section 2. Release of Confidential
Information to Interagency Councils.
(1) If
the state inter-agency council requires confidential information to coordinate
services in accordance with
KRS
200.505(2)(d), it shall
request a copy of the authorization to release executed by the parent or other
legal guardian to release the information using the Kentucky IMPACT Program
State Interagency Council Parent/Guardian Release of Information
Form.
(2) If a regional interagency
council requires confidential information to coordinate services pursuant to
KRS
200.509(3)(a), (b), (c), (d), (g), or
(h), it shall request a copy of the
authorization to release executed by the parent or other legal guardian to
release the information using the Kentucky IMPACT Program State Interagency
Council Parent/Guardian Release of Information form.
(3) An authorization to release executed by a
parent or other legal guardian to release information to a state or regional
interagency council pursuant to this administrative regulation shall remain
valid for up to one (1) year from the date of authorization by the parent or
other legal guardian.
(4) The
parent or other legal guardian may revoke authorization to release of
information by notifying in writing the interagency council that received the
release. The revocation shall specify the:
(a)
Child's name;
(b) Child's Social
Security number;
(c) Child's date
of birth;
(d) Parent or other legal
guardian's name;
(e) Statement that
the authorization to release information is revoked;
(f) Signature of the parent or other legal
guardian; and
(g) Date of signature
by the parent or other legal guardian.
Section 3. Interagency Council Meetings. Each
person who attends a local, regional, or state interagency council meeting
shall agree to maintain the confidentiality of a child's information by
completing and signing the Kentucky IMPACT Program State Interagency Council
Statement of Confidentiality.
Section
4. Consent to Contact.
(1) If a
regional interagency council accepts a child for coordination of services
pursuant to
KRS
200.509(3)(a), the regional
interagency council shall request the parent or other legal guardian to consent
to be contacted by a parent representative, using the Kentucky IMPACT Program
State Interagency Council Consent for Contact by a parent
representative.
(2) If the parent
consents to be contacted by a parent representative in accordance with
subsection (1) of this section, the regional interagency council shall provide
the name, address, and telephone number of the consenting parent or other legal
guardian to the parent representative.
(3) A parent or other legal guardian who
refuses consent for contact shall not be denied the coordination of a service
by a regional interagency council.
(4) A parent or other legal guardian may
revoke consent for contact by notifying in writing the regional interagency
council that received the consent. The revocation shall specify the:
(a) Child's name;
(b) Child's Social Security number;
(c) Child's date of birth;
(d) Parent or other legal guardian's
name
(e) Statement that the consent
to contact is revoked;
(f)
Signature of the parent and or other legal guardian; and
(g) Date of signature by the parent or other
legal guardian.
Section
5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Kentucky IMPACT Program State
Interagency Council Parent/Legal Guardian Release of Information", May
2003;
(b) "Kentucky IMPACT Program
State Interagency Council Statement of Confidentiality", May 2003;
and
(c) "Kentucky IMPACT Program;
State Interagency Council Consent for Contact by a Parent Representative", May
2003.
(2) This material
may be obtained, inspected, or copied, subject to applicable copyright law, at
the Division of Mental Health, Department for Behavioral Health, Developmental,
and Intellectual Disabilities, 275 East Main Street, Frankfort, Kentucky 40621,
Monday through Friday, 8:30 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
200.505(3), EO
2004-726