HAR §17-1401.1-6. individuals, facilities, or other entities

identified in a vulnerable adult abuse case, such as but not limited to the following: (A) The department of health as the licensing or certifying authority for health care facilities; and (B) The department of commerce and consumer affairs as the licensing or certifying authority for. professional and vocational occupations. (b) Disclosure to the public maybe allowed at the direction of the director of the department when: (1) The subject of the information to be disclosed has been criminally charged with committing a crime relating to the vulnerable adult abuse or neglect report; (2) A law enforcement agency or official, a state’s attorney, or a judge of the state court system has publicly disclosed, as part of the person’s official duty, information regarding the provision of services by the department; (3) An applicant, recipient, perpetrator, or the legal guardian of an applicant, recipient, perpetrator, or other party has voluntarily made a public disclosure concerning the provision of services by the department; or (4) The subject of the information to be disclosed is missing, has suffered a near fatality, has been critically injured, or has died. (c) In addition to subsections (a) and (b), infortpation relating to vulnerable adult abuse, except as specified in sections 17-1401.1-4(d) and 17-1401.1- 7, may be disclosed or copies of the record and other information may be released on a need to know basis and only as necessary to serve and protect the vulnerable adult and other vulnerable adults in similar situations, at the discretion of the department, to the following: (1) Grand juries, when connected with the prosecution of a vulnerable adult abuse case; (2) Legally authorized governmental, civilian, or military entities responsible for investigating or.prosecuting vulnerable adult abuse or medicaid fraud; 1401. 1-8 §17-1401.1-6 (3) Agencies or individuals authorized, contracted, licensed, or certified by the department to assess 1 diagnose,. care, treat, supervise, or provide services to an individual who is the subject of a report of known or suspected vulnerable adult abuse; (4) Licensed physicians or other medical authority concerned that a vulnerable adult under their care may be the victim of abuse; (5) A coroner or medical examiner when there is reason to believe that a vulnerable adult has died as the result of abuse; (6) A person, including but not limited to, a guardian ad litem, legal guardian, or operator of a residential care facility who is responsible for the welfare of the vulnerable adult named; (7) &ersons not otherwise listed, at the discretion of the department, to ensure the safety of a vulnerable adult subject to abuse, or to secure services or benefits for a vulnerable adult subject to abuse; and (8) An individual identified as a perpetrator of vulnerable adult abuse on whom an official departmental finding or disposition was made. Cd) Disclosure to the following agencies shall be permitted to the extent necessaryto provide services and to determine eligibility or amount of assistance for applicants or recipients for ACCSB programs: (1) Private social service agencies, including purchase of service providers, from which the applicant or recipient receives services according to a case plan developed by the department; and (2) Agencies administering programs under the Social Security Apt under such Titles as XVI 551 (42 U.S.C. fl1381-1383), IV-A AFDC (42 U.S.C. §5601-610), XX-social services (42 U.S.C. §1397) Ce) The case record or information shall not be released in a judicial or administrative proceeding, either voluntarily or in response to any subpoena unless permitted by subsections (a) to (d). This includes requests or subpoenas from a governmental authority, the courts, a law enforcement official, the ombudsman’s office, the attorney general’s office, or from any other outside source. [Eff Q% 302009 1 1401.1-9 ‘0 §17-1401.1-6 (Auth: HRS §346-10, 346-14) ‘(Imp: FIRS §92-21, 346- 10, 571-84) §17-14Q1.1-7 Restrictions against disclosure of information relating to human immunodeficiency virus CMIV), AIDS related cojgplex (ARC), and acquired immune deficiency syndrome (AIDS). (a) All records including all communication, or specific medical or epidemiological information contained therein, that identify any individual who has or has been tested for HIV, ARC, or AIDS, shall only be released pursuant to section 325-101, HRS, and in accordance with departmental procedures. (b) Persons or entities receiving information under this section shall maintain confidentiality of the information subject to section 325-102, HRS, which provides civil penalties for the unauthorized disclosure of ihfdrmation relating to HIV, ARC, and AIDS. [Eff OCT nng J (Auth MRS §346-10) (Imp: HRS §32S-101, 34-1t §17-1401.1-8 Applicant’s, recipient’s, or perpetrator’s right to correct case ;ecord. Each applicant or recipient of services provided by the ACCSB or perpetrator of vulnerable adult abuse shall have the right to request to have their record amended by the Jépartffiift in accordance with chapter 92F, HRS. [Eff Q Sfl2flflQ ] (Auth: MRS §5346-10, 346-14) (Imp: MRS §‘9V-24, 92F-25)