Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Disclosure. Information systems and reporting systems shall
not disclose or be used to disclose client oriented data which reasonably may
be utilized to identify the client to any person, agency, institution,
governmental unit, or law enforcement personnel. Project staff may disclose
client oriented data only under the following situations:
(1) With or without the consent of the client
information may be released to those judges who have imposed sentence on a
particular client where such sentence is conditioned upon the client entering a
project. Information released shall be limited to that provided for in
subsection (b).
(2) With or without
the consent of the client, information may be released to those duly authorized
probation or parole officers or both who have assigned responsibility to
clients in treatment if the probation or parole of the client is conditioned
upon his being in treatment. Information released shall be limited to that
provided for in subsection (b).
(3)
With or without the consent of the client, to judges who have assigned a client
to a project under a pre-sentence, conditional release program. Presentence
conditional release programs include preindictment or preconviction conditional
release such as Accelerated Rehabilitative Disposition, probation without
verdict or disposition in lieu of trial under sections 17 and 18 of Act 64
(35
P. S. §
§
780-117 and
780-118).
(4) With the consent of the client, in
writing, to a judge in order to assist that judge in deciding whether to
initiate conditional release programs including those specified in paragraph
(3).
(5) Projects may disclose any
information to the attorney of a client provided as follows:
(i) The client consents, in writing to the
disclosure of information.
(ii) The
attorney is representing the client in a criminal, civil or administrative
proceeding.
(6) Projects
may disclose with the consent of a client, in writing, the information to
employers of a client to further the rehabilitation of a client; or, to a
prospective employer who affirmatively expresses that information is sought to
enable the employer to engage the client as an employe. Such information shall
be limited to whether the client has or is receiving treatment with the
project.
(7) Projects may disclose
information as set forth in subsection (b) with the consent of a client, in
writing, to an insurance company, health, or hospital plan or facsimile
thereof, which has contracted with the client to provide or will provide
medical, hospital, disability or similar benefits. In the event that an
insurance company, health, or hospital plan remains dissatisfied with the
content of the information released with regard to a client in accordance with
this paragraph, such insurance company, health or hospital plan may apply to
the Executive Director for additional information with the written consent of
the client and, upon approval by the Executive Director, such information may
be released.
(8) Projects may
disclose information as set forth in subsection (b) with the consent of a
client, in writing, to governmental officials for the purpose of obtaining
governmental benefits due the client as a result of his drug or alcohol abuse
or dependence.
(9) In emergency
medical situations where the life of the client is in immediate jeopardy,
projects may release client records without the consent of the client to proper
medical authorities solely for the purpose of providing medical treatment to
the client.
(10) Projects shall
keep and maintain a written record of all information and data which are
disclosed under this section.
(b)
Restrictions.
Information released to judges, probation or parole officers, insurance company
health or hospital plan or governmental officials, under subsection (a)(1),
(2), (4), (7) and (8), is for the purpose of determining the advisability of
continuing the client with the assigned project and shall be restricted to the
following:
(1) Whether the client is or is not
in treatment.
(2) The prognosis of
the client.
(3) The nature of the
project.
(4) A brief description of
the progress of the client.
(5) A
short statement as to whether the client has relapsed into drug, or alcohol
abuse and the frequency of such relapse.
(c)
Record transfer. The
Client Admission Forms, the Treatment/Discharge Forms, and Discharge Summary
Records are the only client records which may be transferred for treatment
purposes. The transfer may be initiated upon the request of a client or by the
present project of a client. In any case, the client shall fully understand the
nature of the information, the purpose of the record transfer, and the identity
of the recipient of the information. Only after these conditions are met, may
the client authorize the transfer by signing a Release Form provided by the
UDCS.
(d)
Coordinating
bodies. Coordinating bodies can gather and retain client oriented data
provided they will receive or send only those forms as listed in subsection (c)
in assigning or transferring clients and those bodies will not disclose such
data, except to the Council, in a manner that is consistent with this chapter
and Act 63.
This section cited in 4 Pa. Code §
257.4 (relating to case
management); 28 Pa. Code §709.28 (relating to
confidentiality); 28 Pa. Code §710.23 (relating to patient
records); 28 Pa. Code §711.43 (relating to client
records); 28 Pa. Code §711.53 (relating to client
records); 28 Pa. Code §711.62 (relating to client
records); 28 Pa. Code §711.72 (relating to client
records); 28 Pa. Code §711.83 (relating to client
records); 28 Pa. Code §711.93 (relating to client
records); and 55 Pa. Code §5230.17 (relating to
confidentiality).
