Section 5310.52. Confidentiality

(a) All client records and information are confidential and may not be disclosed directly or indirectly without the written consent of the client except:

(1) To those persons actively engaged in implementing the client’s residential or overall treatment plan.

(2) To persons using material from client records for teaching, training or research purposes, provided the use and dissemination of such data does not identify individual clients and a specific, written request stating the purpose for the disclosure is approved by the Director.

(3) To any governmental or third party payor which funds in whole or in part the cost of the client’s care.

(4) To reviewers and inspectors when necessary to obtain certification as an eligible provider of services.

(5) Under court order.

(6) In accordance with other applicable Federal and State regulations.

(b) Information made available under this section must be limited to that information necessary for the purpose for which the information is sought.

(c) Annually, these confidentiality requirements must be reviewed with all staff, volunteers, students, and others, as applicable, and as they enter their position or are assigned to the CRRS.

(d) The community residential rehabilitation service (CRRS) must keep client records within locked storage containers at all times when not in active use by program staff.

(e) Client written consent is required to disclose information from the client’s record. The consent form must include the:

(1) Date and nature of request for information.

(2) Name of the person, agency or organization to whom disclosure is made.

(3) Type of information disclosed.

(4) Dated signature of the client.

(5) Dated signature of a witness.

(6) Expiration date of consent form.

(7) Statement of the client’s right to revoke consent.

(f) One copy of each signed consent form must be given to the client and one copy included in the client’s case record.

Notation

Cross References

This section cited in 55 Pa. Code § 5310.38 (relating to notification in case of client emergency); 55 Pa. Code § 5310.91 (relating to community residential rehabilitation service (CRRS) serving children) and 55 Pa. Code § 5310.142 (relating to confidentiality).