La. Admin. Code tit. 48 § I-4715

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-4715 - Confidentiality and Security of Files

A. A provider shall have written procedures for the maintenance and security of records and to whom records may be released. Records shall be the property of the provider and the provider, as custodian, shall secure records against loss, tampering, or unauthorized use.

B. A provider shall maintain the confidentiality of all clients' case records. Employees for the provider shall not disclose or knowingly permit the disclosure of any information concerning the client or his/her family, directly or indirectly, to any unauthorized person.

C. When the client is of majority age and noninterdicted, a provider shall obtain the client's written, informed permission prior to releasing any information concerning the client.

D. When the client is a minor or is interdicted, the provider shall obtain written, informed consent from the parent(s), or legally responsible person prior to releasing any information concerning the client.

E. A provider shall, upon written request, make available information in the case record to the client, the legally responsible person, or legal counsel of the client. If, in the professional judgement of the administration of the provider, it is felt that information contained in the record would be damaging to the client, that information my be withheld from the client except under court order.

F. A provider may use material from case records for research purposes, development of the governing body's understanding and knowledge of the provider's services, or similar educational purposes, provided that names are deleted and other identifying information is disguised or deleted.

G. A provider shall not release a personnel file without the employee's permission except in accordance with state law.

La. Admin. Code tit. 48, § I-4715

Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:2125.