Current through Register Vol. 50, No. 3, March 20, 2024
A. General
Statement. All personal information in the possession of the fiscal agent shall
be used only for purposes directly connected with the administration of the
program.
B. Notification to
Consumer/Recipients. Individuals asked to supply information for the fiscal
agent shall be informed of the need to collect confidential information and the
policies governing its use, release, and access, including:
1. the confidentiality of information
provided in the case file must contain documentation that the individual has
been advised of the confidentiality of information pertinent to his/her
case;
2. the principal purpose for
which the fiscal agent intends to use or release the requested data;
3. whether they may refuse or are legally
required to supply the requested data;
4. any known consequence arising from not
providing requested information will be deemed ineligible for the
program;
5. the identity of other
agencies to which information is routinely released.
C. Release of Confidential Information. The
case file must contain documentation concerning any information released with
the individual's written consent where needed. Informed written consent is not
needed for the release of personal records in the following condition. The
consumer/recipient must be advised of this condition:
1. public assistance agencies or programs
from which the client has requested services or to which he is being referred
for services under the circumstances for which his consent may be
presumed;
2. doctors, hospitals,
clinics, rehabilitation centers and independent living centers providing
services to clients as authorized by the agency/provider;
3. confidential information will be released
to an organization or an individual engaged in research, audit, or evaluation
only for purposes directly connected with the administration of the state
program (including research for the development of new knowledge or techniques
which would be useful in the administration of the program) and if the
organization or individual furnishes satisfactory assurance that the
information will be used only for the purpose for which it is provided; that it
will not be released to persons not connected with the study under
consideration; and that the final product of the research will not reveal any
information that may serve to identify any person about whom information has
been obtained through the state agency without written consent of such person
and the state agency. Information for research, audit, or evaluation will be
issued only on the approval of the secretary or secretary's designee.
D. Consumer/Recipient Access to
Data. When requested in writing by the consumer/recipient or his
representative, consumers/recipients or applicants have the right to see and
obtain in a timely manner copies of any information that the fiscal agent
maintains on them, including information in their case files, except:
1. medical and/or psychological information,
when the service provider states in writing that disclosure to the individual
would be detrimental to the consumer/recipient's physical or mental
health;
2. medical, psychological,
or other information which may be harmful to the consumer/recipient.
NOTE: Such information may not be released directly to the
individual, but must be released, with the individual's informed consent, to
the consumer/recipient's representative, or a physician or a licensed or
certified psychologist.
3.
when personal information has been obtained from another agency or
organization, it may be released only by or under the conditions established by
the other agency or organization.
E. Informed Consent. Informed consent means
that the consumer/recipient has signed an authorization to release information,
which:
1. is in language that the individual
understands;
2. is dated;
3. is specific as to the nature of the
information which may be released;
4. specifically designates the parties to
whom the information may be released;
5. is specific as to the purpose(s) for which
the released information may be used;
6. is specific as to the expiration date of
the informed consent, which must not exceed one year.
F. Court Orders, Warrants and Subpoenas.
Subpoenaed case records and depositions are to be handled in the following
manner.
1. With the written informed consent
of the consumer/recipient, the court will be given full cooperation.
2. Without the written informed consent of
the consumer/recipient, when a fiscal agent is subpoenaed for a deposition or
receives any other request for information regarding a consumer/recipient, he
should:
a. honor the subpoena;
b. take subpoenaed case record or case
material to the place of the hearing at the time and date specified on the
subpoena;
c. if called upon to
testify or to present the case record information, inform the court of the
following:
i. that the case record
information or testimony is confidential information;
ii. the subpoenaed case record information is
in fiscal agency's possession;
iii.
fiscal agent personnel will testify and/or release the case record information
only if ordered to do so by the court.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 49:664.6 and
R.S.
36:477.
