Definitions

01. Authorization. A time-limited written consent for the disclosure of confidential information to a specific individual or entity outside the Department, and outside of normal business processes for providin g Department services. (3-17-22) 02. Confidential Information. Information that may only be used or disclosed as provided by state or federal law, federal regulation, or state rule. (3-17-22) 03. Consent. Permission to use or disclose confidential information. Consent may be inferred from th e circumstances. (3-17-22) 04. Department. The Idaho Department of Health and Welfare. (3-17-22) 05. Guardian ad Litem. The person appointed by the court, according to law, to protect the interest o f a minor or an incompetent in a case before the court. (3-17-22) 06. Health Information. Identifying information about the past, present or future: (3-17-22) a. Physical or mental health or condition of an individual; (3-17-22) b. Provision of health care to an individual; or (3-17-22) c. Payment for health care for an individual. (3-17-22) 07. Identifying Information. The name, address, social security number, or other information b y which an individual could be identified. Information may also be identifying without a name, based on the context o r circumstances of a disclosure. (3-17-22) 08. Informal Representative. A person who is not a legal representative, but who is a relative, friend , or other person permitted to communicate with the Department on behalf of an individual. The individual or lega l representative may give such permission verbally, in writing, or through their conduct. (3-17-22) 09. Legal Representative. The parent of a minor, a guardian, conservator, attorney, or an individual who has an appropriate power of attorney. (3-17-22) 10. Minimally Necessary. The information that is essential to provide benefits or services, and t o perform normal business processes of the Department. (3-17-22) 11. Need-to-Know. Confidential information that is necessary to provide benefits or services, and to perform normal business processes of the Department. (3-17-22) 12. Psychotherapy Notes. Notes recorded in any format by a mental health professional that documents or analyzes the content of individual or group counseling sessions, and that are separated from the rest o f the individual’s medical record. The term “psychotherapy notes” excludes: (3-17-22) a. Medication prescription and monitoring; (3-17-22) b. Counseling session start and stop times; (3-17-22) c. Types and frequencies of treatment furnished; (3-17-22) d. Results of clinical tests; and (3-17-22) e. Any summary of diagnosis, functional status, the treatment plan, symptoms, prognosis an d progress to date. (3-17-22)