Confidentiality of Records

(1) Authority. The Department is required by M.G.L. c. 123B, § 17, to keep records regarding all persons served by facilities and other providers under its supervision. Such records are private, but may be disclosed under the circumstances specified by that statute, including when disclosure is in the best interest of the individual who is the subject of the records, in accordance with the Department's regulations. 115 CMR 4.05 and 4.06 are promulgated pursuant to this authority. (2) Requests for Records; Procedures. (a) Requests for copies of the record of an individual, to inspect such record, and for information concerning any individual shall be sent to the appropriate designee of the Commissioner with custody of the record. (b) If such request is denied by such designee, the decision may be reviewed by the appropriate Department official as designated by the Commissioner. The decision of the Department official designated by the Commissioner is subject to further review by the Commissioner whose determination shall be final. (3) Confidentiality of Record; Exceptions. Allrecords relatingto anypersons admitted to or served by a provider operated, licensed, certified, or contracted by the Department shall be private and not open to public inspection except as provided in 115 CMR 4.06.