7 AAC 71.215. Confidentiality

(a) All records and information about a client must be kept confidential by the center except as provided in (b) of this section unless the center obtains an authorization for release of information from the patient or a legally designated representative of the patient.

(b) Information regarding a client may be released without consent only to

(1) a person authorized by court order;

(2) a designated hospital to which a client is involuntarily committed;

(3) direct service health or mental health personnel if a medical or psychological emergency arises;

(4) mental health professionals designated by the department to conduct program analysis or on-site reviews;

(5) center-authorized researches, if provision is made to preserve anonymity in the reported results;

(6) insurance, medical assistance, or other programs to the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client;

(7) other persons to whom disclosure is required by law; and

(8) the department under 7 AAC 78, 7 AAC 81, or 7 AAC 85, as applicable.

(c) Records and information regarding a client may be released to an individual to whom the client or the client's parent, guardian, or other legally designated representative has given written consent for the disclosure. The consent must include

(1) client's name;

(2) first and last dates of authorization;

(3) information to be released;

(4) recipient of information; and

(5) signature of client or other legally designated representative.

(d) Only the minimum identifiable client information necessary to the intended purpose may be released.

(e) A center must

(1) develop a plan for safeguarding confidential information and submit that plan to the department as part of the annual plan for services; and

(2) maintain all information that it is required to submit to the department under 7 AAC 78, 7 AAC 81, or 7 AAC 85 as required by 7 AAC 78.250, 7 AAC 81.180, or 7 AAC 85.400, as applicable.

(f) If a center closes or ceases to exist as a service provider, it must comply with 7 AAC 78.255 or 7 AAC 81.185, as applicable.

History: Eff. 9/1/82, Register 83; am 11/29/97, Register 144; am 6/24/2004, Register 170; am 9/23/2004, Register 171

Authority: AS 47.30.530

AS 47.30.540

AS 47.30.590

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