Exceptions To Requirement For Authorization

Confidential information will be released without an authorization to individuals and entities in compliance with a court order, or if they are legally authorized to receive it. The following are exceptions to the requirement for an authorization: (3-17-22) 01. Advocates and Guardians. Federally-recognized protection and advocacy agencies or dul y appointed guardians ad litem have access to an individual’s file as necessary to perform their legal functions . Guardians ad litem have access to records as provided in Section 16-1634, Idaho Code, except for: (3-17-22) a. Drug abuse and sickle cell anemia records maintained by the Veteran’s Administration (VA), a s required by 38 USC Section 7332; (3-17-22) b. Claims under laws administered by the VA as required by 38 USC Section 3301; and (3-17-22) c. Drug abuse prevention programs that receive federal assistance, as required by 42 USC Sectio n 290ee - 3. (3-17-22) 02. Licensure. In compliance with Section 74-106(9), Idaho Code, records will be released if they ar e part of an inquiry into an individual's or organization's fitness to be granted or retain a license, certificate, permit , privilege, commission or position. These records will otherwise be provided in redacted form as required by law o r rule. (3-17-22) 03. Fugitives and Missing Persons. (3-17-22) a. A state or local law enforcement officer may receive the current address of any cash assistanc e recipient who is a fugitive felon, in compliance with Section 56-221, Idaho Code. (3-17-22) b. The following health information may be disclosed to a law enforcement officer for the purpose o f identifying or locating a suspect, fugitive, material witness or missing person: (3-17-22) i. Name and address; (3-17-22) ii. Date and place of birth; (3-17-22) iii. Social security number; (3-17-22) iv. Blood type and rh factor; (3-17-22) v. Type of injury; (3-17-22) vi. Date and time of treatment or death, if applicable; and (3-17-22) vii. Distinguishing physical characteristics. (3-17-22) c. DNA, dental records, or typing, samples or analysis of body fluids or tissue must not be disclosed. (3-17-22) 04. Duty to Warn or Report. Confidential information may be released without an authorization i f necessary under a legal duty to warn or to report. (3-17-22) 05. Department Business, Monitoring and Legal Functions. Department employees and contractor s may use and disclose records as necessary to perform normal business functions, including health treatment, audi t and quality improvement, investigation of fraud and abuse, establishment of overpayments and recoupment, publi c health, or other functions authorized by law. Information will be made available to state and federal auditors an d compliance monitors. Confidential information will be provided to counsel as needed to evaluate, prepare for and represent the Department in legal actions. (3-17-22) 06. Emergencies. Confidential information may be disclosed to qualified medical personnel to th e extent necessary to respond to a medical emergency that requires immediate attention. (3-17-22) 07. Multidisciplinary Staffing. Confidential information may be disclosed to employees of th e Department, law enforcement, and other appropriate individuals to participate in a multidisciplinary team evaluatio n of child protection cases under Section 16-1617, Idaho Code, or interdisciplinary Department staffing of services fo r an individual. All individuals who participate in such staffing must not redisclose the information and must compl y with any other pertinent statute, rule or regulation. (3-17-22) 08. Collaborative Staffing. Confidential information may be disclosed in staffing by the Departmen t and other individuals or entities if all participants are involved with the same or similar populations and have an equa l obligation or promise to maintain confidentiality. Disclosure of information in inter-agency staffing must b e necessary to coordinate benefits or services, or to improve administration and management of the services. Confidential information may be disclosed only on a need-to-know basis and to the extent minimally necessary fo r the conduct of the staffing. All individuals who participate in such staffing must not redisclose the information excep t in compliance with any other pertinent statute, rule or regulation. (3-17-22) 09. Elected State Official. As provided by Section 16-1629(6), Idaho Code, any duly elected stat e official carrying out their official functions may have access to child protection records of the Department, and mus t not redisclose the information. (3-17-22) 10. Child Protection Agency. A legally mandated child protection agency may provide informatio n necessary to investigate a report of known or suspected child abuse or neglect, or to treat a child and family who ar e the subjects of the record. (3-17-22) 11. Legally Authorized Agency. An agency will be provided appropriate information if the agency i s legally responsible for or authorized to care for, treat or supervise a child who is the subject of the record. (3-17-22) 12. Informal Representatives. Informal representatives may be permitted to receive and delive r information on behalf of an individual, and may be given health information if the informal representative is directl y involved with the individual’s care. Confidential information may be withheld in whole or part if professional staf f determines that disclosure is not in the best interest of the individual, based on the circumstances and thei r professional judgment. The Department will not disclose information that is prohibited from being disclosed by thes e rules or any other legal requirement. (3-17-22) 13. Law Enforcement. Any federal, state, or local law enforcement agency, or any agent of such agency, may be permitted access to information as needed in order to carry out its responsibilities under law to protect children from abuse, neglect, or abandonment. (3-17-22)