Current through Register Vol. 50, No. 9, September 20, 2024
A.
General
1. All client information is
confidential. All personal information in the possession of the CRP shall be
used only for purposes directly connected with the administration of the
program.
2. A CRP shall have
written procedures for the maintenance and security of records specifying who
shall supervise the maintenance of records, who shall have custody of records
and to whom records may be released. Records shall be the property of the
center and the center, as custodian, shall secure records against loss,
tampering or unauthorized use.
B. The CRP shall have safeguards in place for
electronic records to protect the privacy of the consumer's information
including:
1. safeguards for names, Social
Security numbers, birthdates, medical information;
2. process for reporting breach of
security;
3. notification of
appropriate authorities;
4.
notification of LRS;
5. timelines
for reporting breaches of security.
C. Notification to Clients. Individuals asked
to supply the CRP with information concerning themselves shall be informed of
the CRP's need to collect confidential information and the policies governing
its use, release, and access including:
1. a
Consent to Release Case Record Information Form contained in case files which
must document that individuals have been advised of the confidentiality of
information pertinent to their case;
2. the principal purpose for which the CRP
intends to use or release the requested data;
3. whether the individuals may refuse, or are
legally required to supply the requested data;
4. any known consequence arising from not
providing the requested information;
5. the identity of other agencies to which
information is routinely released.
D. Release of Confidential Information. The
case file must contain documentation concerning any information released with
the individual's written consent.
E. No use shall be made of the name or
picture of an individual served without the prior written consent of the
individual, or his or her legal guardian.
F. Client Access to Data. When requested in
writing by the involved individual or an authorized representative, clients or
applicants have the right to see and obtain in a timely manner copies of any
information that the CRP 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 individual's physical or mental
health;
2. medical, psychological,
or other information which the CRP determines harmful to the individual;
NOTE: Such information may not be released directly to the
individual, but must be released, with the individual's informed consent, to
the individual's representative, or a physician or a licensed or certified
psychologist.
3. personal
information that has been obtained from another agency or organization. Such
information may be released only by or under the conditions established by the
other agency or organization.
G. Informed Consent. Informed consent means
that the individual has signed an authorization to release information and such
authorization is as follows:
1. in a language
that the individual understands;
2.
dated;
3. 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. specific as to the purpose(s) for which
the released information may be used;
6. specific as to the expiration date of the
informed consent which must not exceed one year.
H. Release of Client Information without
Informed Consent
1. The CRP must have written
authorization to release confidential client information except in the
following instance:
a. the CRP can release
personal information without informed written authorization to protect the
client or others when the client poses a threat to his/her safety or to the
safety of others;
b. the CRP can
only release that information necessary to protect the client or
others;
c. the CRP or employee
providing the information must carefully record all the facts and circumstances
in the client's case record.
2. Examples of Emergency Situations.
Emergency situations that might require release of personal information without
informed written authorization could possibly include the following:
a. threats of murder and/or
suicide;
b. threats to the safety
of the workplace;
c. national
security violations.
I. Confidentiality-HIV Diagnosis. Each time
confidential information is released on applicants or clients who have been
diagnosed as HIV positive, a specific informed written consent form must be
obtained.
J. Location of Records
1. The CRP shall keep on site the following
records:
a. all IPE's and Agency Service
Plans;
b. all client plan updates
and progress notes;
c. all client
evaluations;
d. a copy of the CRP's
policy and procedure manual(s);
e.
a copy of the employee's criminal history check.
2. All other records shall be kept in the
main office of the CRP, if applicable.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 49:664.4 and
R.S.
36:477.
