(1) Upon written
request using DHS Form 2093, or its equivalent, the requested information from
the Program case file shall be released to the individual or, as appropriate,
the individual's representative, in a timely manner, with the following
exceptions:
(a) Case file information
obtained from another agency or organization, treatment records, and
psychological evaluations may only be released under the conditions established
by the treatment provider or source of the records or under the conditions
established by agreement between the Program and the treatment provider or
source of the records.
(b) If an
individual or, as appropriate, a parent, guardian, or other representative
presents a written request to review medical or psychological reports from the
individual's Program file and the counselor believes direct release of such
information to any of the above persons may be harmful to the individual, the
following procedures shall be followed:
(A)
The counselor shall contact the practitioner who wrote the report to request an
opinion as to whether the practitioner believes direct release of the
information would be harmful to the individual; or, if a practitioner is
unavailable;
(B) The counselor
shall obtain an opinion from the appropriate office medical or psychological
consultant as to whether the consultant believes direct release of the
information would be harmful to the individual; the consultant shall record the
opinion on the Medical/Psychological Review Record in the medical jacket
(R-114);
(C) If the practitioner or
consultant states that direct release would not be harmful, the counselor shall
release the requested Program information directly to the individual or (as
appropriate) to the individual's parent, guardian, or designated
representative;
(D) If the
practitioner or consultant states that direct release would be harmful, the
counselor shall request but not require the individual to designate an
appropriate and qualified physician or psychologist of the individual's
choosing for the purpose of reviewing and interpreting the contents of the
report to the individual. If the individual agrees, the counselor shall
schedule the appointment, mail copies of the report to the practitioner, and if
the individual so requests, execute an Authorization for Purchase to pay the
practitioner for an office visit at the Program current approved rate of
payment.
(E) Medical,
psychological, or other information that the Program determines may be harmful
to the individual may not be released directly to the individual, but if
release is allowed under these rules, shall be provided to the individual
through a third party chosen by the individual, which may include, among
others, an advocate, a family member, a qualified medical or mental health
professional, unless a representative has been appointed by court to represent
the individual in which case the information shall be released to the
court-appointed representative.
