Current through Register No. 40, October 3, 2024
(a) Each OTP shall have policies and
procedures to implement a comprehensive client record system that complies with
this section.
(b) In addition to
(a) above, the OTP shall enter client information into the client record system
no later than 3 days for any of the following client interactions or changes
made via in-person or telemedicine:
(1)
Initial intake transaction, including and as applicable:
a. Client name(s);
b. Address;
c. Telephone number(s);
d. Sex assigned at birth;
e. Gender identity;
f. Sexual orientation, if provided by the
client;
g. Date of birth;
h. Last 4 digits of the client's social
security number;
i. Ethnicity, if
provided by the client;
j. Race, if
provided by the client;
k. Special
accommodations, if any;
l.
Preferred language;
m. Veteran
status;
n. Family member veteran
status;
o. Name and contact
information of all client's health insurance(s);
p. Name, address, and telephone number of the
person to contact in the event of an emergency;
q. If either have been appointed for the
client, the name, address, and telephone number of the client's guardian or
representative payee;
r. Name,
address, and telephone number of the client's primary care provider;
s. Name, address, and telephone number of the
client's behavioral health provider;
t. Intake facility;
u. Intake date;
v. Intake staff;
w. Method of initial contact;
x. Referral source, including contact
information;
y. Case status;
and
z. Initial contact
date;
(2) Admission,
including and as applicable:
a. Admission
type;
b. Admission staff;
c. Admission date;
d. Presenting problem;
e. Codependent status;
f. Client's physical health
history;
g. Client's behavioral
health history;
h. Treatment
history;
i. Emergency department
utilization;
j. Presence of a
co-occurring mental health disorder;
k. Education level;
l. Community based support group
utilization;
m. Employment
status;
n. Income;
o. Living situation;
p. Marital status;
q. Number of dependents;
r. History of injection drug use;
s. Substance use information;
t. Current medications;
u. Arrest history, if provided by the
client;
v. Diagnostic
information;
w. Planned opiate
replacement therapy;
x. Information
on court mandated treatment; and
y.
Service domain;
(3)
Treatment and continuity of care:
a. A record
of all client screenings, including, and as applicable:
1. HIV testing;
2. HCV testing;
3. Pregnancy screening;
4. Primary, secondary, and tertiary
substance, severity frequency and method;
5. Age of first use of substances;
6. Past 14 day administration of
Naloxone;
7. Involvement with the
criminal justice or child welfare protective systems;
8. The date of initial contact from the
client or referring provider;
9.
The date of screening; and
10. The
result of the screening, including the reason for denial of services;
and
b. Components of all
treatment records, including but not limited to:
1. Signed receipt of notification of client
rights;
2. Client's name;
3. Client's unique identification
number;
4. Release of information
form, which is compliant with 42 CFR, Part 2;
5. Signed informed consent to treatment,
including but not limited to an explanation of the department's access to
client records;
6. Documentation of
all elements of the initial screening and evaluation required by He-A 304.21;
7. The individual treatment
plan, as required by He-A 304.23(e)-(g), updated at designated intervals in
accordance with He-A 304.23(h)-(i);
8. Documentation that is consistent with
SAMHSA's "TAP 21: Addiction Counseling Competencies" (2015 edition), available
as noted in Appendix A, of all client services, including, but not limited to:
(i) Record of all doses provided to the
client; and
(ii) Progress notes
detailing all services required in:
i.
He-A 304.15(c);
ii.
He-A 304.22(a)-(b);
iii.
He-A 304.23(c)-(d), (j), and (r);
iv.
He-A 304.24;
v.
He-A 304.25(b);
and
vi.
He-A 304.27(a);
9. Any correspondence
pertinent to the client; and
10.
Any other information the OTP deems relevant;
(4) Discharge, including but not limited to:
a. Discharge date;
b. Date of last contact;
c. Discharge staff;
d. Discharge reason;
e. Post discharge living
arrangements;
f. Substance use
information;
g. Diagnosis
information;
h. Any information on
transfer facility, if client is transferring; and
i. A narrative discharge summary, as required
by He-A 304.28(f); and
(5) For any client who is placed on a
waitlist, as applicable:
a. All referrals to
and coordination with interim services or reason that such referrals were not
made;
b. All client contacts
between screening and removal from the waitlist; and
c. The date the client was removed from the
waitlist and the reason for removal.
(c) All client records maintained by the OTP
or its contractors shall be strictly confidential.
(d) All confidential information shall be
maintained in compliance with 42 CFR, Part 2.
(e) OTPs shall retain client records after
the discharge or transfer of the client, as follows:
(1) For a minimum of 7 years for an adult;
and
(2) For a minimum of 7 years
after age of 18 for children.
(f) In the event of an OTP closure, the OTP
shall arrange for the continued management of all client records in the
following measures:
(1) The closing OTP shall
notify the department in writing of the address where records shall be stored
and specify the person managing the records;
(2) Continue to manage the records and give
written assurance to the department that it shall respond to authorized
requests for copies of client records within 10 working days;
(3) Transfer records of clients who have
given written consent to another certified OTP; or
(4) Enter into a limited service organization
agreement with a certified provider to store and manage records.