La. Admin. Code tit. 48 § I-4949

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

Section I-4949 - Confidentiality and Security of Records

A. A provider must have written procedures for the maintenance, security, and confidentiality of records. This must include specifying who must supervise the maintenance of records, and who must have custody of records. This procedure must also state to whom records can be released and the procedure for doing so. Records, including consumer as well as administrative, must be the property of the provider and the provider, as custodian, must secure records against loss, tampering, or unauthorized use.

B. Employees of the provider must not disclose or knowingly permit the disclosure of any information concerning the agency, the consumers or his/her family, directly or indirectly, to any unauthorized person.

C. The provider must safeguard the confidentiality of any information from which the consumer or his/her family might be identified, releasing such information only under the following conditions:

1. by court order;

2. by the consumer's written, informed consent for release of information;

a. when the consumer has been declared legally incompetent, the individual to whom the consumer's rights have devolved provides written consent.

b. when the consumer is a minor, the parent or legal guardian provides written consent.

c. in compliance with the Federal Confidentiality Law of Alcohol and Drug Abuse Patients Records (42 CFR, Part 2).

D. A provider must, upon request, make available information in the case records to the consumer or legally responsible person. If, in the professional judgement of the administration of the agency, it is felt that information contained in the record would be damaging to a consumer, that information (only) may be withheld from the consumer except under court order. The provider may charge a reasonable fee for providing the above records.

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

F. A system must be maintained that provides for the control/location of all consumer records. Consumer records must be located at the licensed site.

G. A system must be maintained that secures all records from unauthorized access and provides reasonable protection against fire, water damage, tampering, and other hazards.

H. A designated staff member must be responsible for the storage and protection of consumer records.

I. There must be a written process by which the consumer may gain access to his/her own records and receive copies upon written request.

J. Consumer records must be available to appropriate state and federal personnel at all reasonable times.

La. Admin. Code tit. 48, § I-4949

Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, Office of the Secretary, LR 20:890 (August 1994).

AUTHORITY NOTE: Promulgated in accordance with R. S. 28:380-451.