S.C. Code Regs. § § 126-173

Current through Register Vol. 48, No. 10, October 25, 2024

Section 126-173 - Release of Information

A. Access to eligibility information is restricted to persons, agencies, and entities which by their own rules or by contract are subject to confidentiality standards which are comparable to those set forth in this Subarticle. In addition, the information released must be subject to the following by agreement or by attaching the NOTICE directly to the information provided:

NOTICE: THIS IS CONFIDENTIAL INFORMATION FROM THE RECORDS OF THE SOUTH CAROLINA STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION. OUR AUTHORIZATION TO RELEASE THIS INFORMATION TO YOU DOES NOT IMPLY PERMISSION TO FURTHER DISCLOSE THIS INFORMATION EVEN WITHIN YOUR OWN ORGANIZATION/AGENCY. RERELEASE OF THIS INFORMATION SHOULD BE GOVERNED BY YOUR OWN CONFIDENTIALITY STANDARDS, CONTRACTUAL RELATIONSHIPS, AND ANY APPLICABLE STATUTES AND REGULATIONS.

B. Organizations, agencies, and individuals (and their agents, as permitted by program rules) that provide services which are paid for by the Commission, will at times need to verify program eligibility through the Finance Commission or its agents. The Commission and its agents will comply with requests in which the requesting party can furnish information, as specified by the Commission, which uniquely identifies the requesting provider of services and the recipient about which information is sought.

C. With respect to non emergency requests, from any source, for medical information, the Commission must be given the original or a legible photocopy of written permission, executed by the individual or someone authorized to make decisions for the individual before complying. Any information supplied must be accompanied by the NOTICE in A. above.

D. If an emergency exists with respect to medical information, the Commission will notify the individual or the authorized representative immediately after supplying the information. Any information supplied must be accompanied by the NOTICE in A. above.

E. If a court issues a subpoena for agency held information specifically identifying a client, the Commission must either obtain the individual's consent to release the information, or obtain an order, from a competent court, for the release of the information after apprising the court of the existence of these and any other confidentiality rules which apply. Any information supplied must be accompanied by the NOTICE in A. above.

F. The Commission may release information in accordance with data exchange agreements permitted by federal and state statutes or regulations.

G. The Commission may release general information or statistical information such as total expenditures, the number of clients served, and other information which does not fall within the class of information which can be identified with any particular individual.

H. The Commission is required to release protected information to state and federal auditors, performing bona fide audits of the Commission's operations. When the Commission contracts for audits, the contract must bind the auditor to the standards contained in this Subarticle.

S.C. Code Regs. § 126-173

Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.