Current through Register Vol. 56, No. 18, September 16, 2024
(a) All elements of
the client record shall be kept confidential and be released only upon receipt
of a valid, written authorization or upon judicial order.
(b) An individual currently or formerly
receiving services from the Division, or an individual's legal guardian, shall
receive a copy of the client record within 30 days of receipt by the Division
of a valid written authorization or shall be advised in writing of reason for
denial, as described in
45 CFR
164.524(b).
(c) Records of an individual shall be
provided to other persons upon receipt of a valid written authorization by the
individual or the individual's legal guardian.
(d) Client records may be released without
authorization if the request meets one of the exceptions set forth below:
1. As directed by the Office of the Attorney
General (59:8-4) in response to the
plaintiff in a tort claim or civil action for damages to which the
Commissioner, Department, Division or employee of the Division is named as a
defendant;
2. To Department
components, if directly related to the administration of its
services;
3. Upon admission, the
individual or legal guardian shall provide a list of individuals, including
relatives, friends, personal physician or personal attorney, who may receive
information regarding the individual's general medical condition over the
telephone. This listing shall be updated annually;
4. When an individual is transferred from one
component of the Department or Division to another;
5. Medical staff outside of the Department
who have assumed temporary medical responsibility for the individual shall have
access to information and records as necessary for the treatment of the
individual;
6. If an individual is
missing, or Division staff is assisting law enforcement in location of a
suspect, fugitive, or material witness, the following information relating to
the individual may be released to official agencies, if applicable:
i. Name and address;
ii. Date and place of birth;
iii. Social security number;
iv. ABO blood type and Rh factor;
v. Type of injury;
vi. Date and time of treatment;
vii. Date and time of death;
viii. A physical description including a
photograph, if available; and
ix.
Other significant personal data, such as medical condition or dangerousness to
self;
7. To an agency
authorized to investigate allegations of abuse or neglect of an individual, for
example, the Division of Child Protection and Permanency (DCP&P) in the
Department of Children and Families in the case of children, the Ombudsman for
the Institutionalized Elderly for individuals over 60 years of age, and Adult
Protective Services in the case of an adult living in his or her own
home;
8. Investigators, inspectors
or auditors from the Department or any agency authorized by law shall have
access to client, Division and provider records in the course of conducting an
investigation, inspection for licensure or audit; or
9. In the case of guardianship actions, the
Public Defender shall be recognized as the attorney representing the
individual, unless another attorney is noted in the client record and shall be
permitted access.
