Page 3

SUBARTICLE 4 SAFEGUARDING OF CLIENT INFORMATION 126–170. General. A. Disclosure of Commission held client information is limited to purposes directly connected to the administration of the Commission’s programs and grants. B. This Subarticle applies to Commission held client information from all programs and grants administered by the Commission and applies to all requests for client information received from outside the agency. C. In addition to the safeguards provided by this Subarticle the following may apply: 1. Records maintained in connection with any federally assisted alcohol or drug abuse program are subject to special confidentiality standards contained in the Public Health Service Act. The intent is that those Sections (currently, 42 USC §§ 290dd-3 & 290ee-3), however amended or recodified are referenced here as long as they apply. 2. Information received by the Commission from another agency may continue to be protected by the confidentiality statutes or regulations of that agency. In each instance, the receiver of the information should understand what statutes and regulations apply. HISTORY: Added by State Register Volume 16, Issue No. 6, eff June 26, 1992. 126–171. Protected Information. Protected information is of two (2) general types which include but are not limited to the following: A. Information regarding the financial eligibility determination and authorization of payment or benefits: 1. Names and addresses; 2. Social and economic conditions or circumstances; 3. Commission evaluation of personal information such as financial status, citizenship, residence, age, and other demographic characteristics; 4. Information received for verifying income, eligibility, and amount of benefits; and 5. Information received in connection with the identification of a liable third party resource. B. Medical Information: 1. Medical data, including diagnosis and history of diseases or disabilities; 2. Medical services provided; 3. Medical status, psycho behavioral status, and functional ability; 4. Results of laboratory tests; and 5. Medication records. HISTORY: Added by State Register Volume 16, Issue No. 6, eff June 26, 1992. 126–172. Purposes Directly Connected to the Administration of the Programs and Grants. Purposes directly connected to the administration of programs and grants include, but are not limited to: A. Establishing eligibility; B. Determining the amount of payments or other benefits; C. Providing or arranging for services; D. Confirming eligibility for billing purposes; E. Conducting or assisting in investigations, prosecutions or criminal or civil proceedings related to the administration of programs or grants; and F. Conducting research used in program planning and evaluation, provided that the researcher agrees to be bound by the provisions of this Subarticle and any Research Protocol adopted by the Commission. HISTORY: Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.