Record Keeping and Confidentiality

PURPOSE: This rule establishes the length of time that the division, area agencies on aging, and service providers shall maintain records and the standards by which confidentiality of records will be maintained. (1) The division, area agencies on aging, and service providers shall maintain all records under Title III for a minimum of three (3) years; Social Services Block Grant records shall be maintained for five (5) years. (2) The division, area agencies on aging, and service providers shall maintain the confidentiality of records as follows: (A) All records that identify individual recipients of alternative services shall be confidential and may be released, for administrative and program monitoring purposes only, to the following: 1. Designated employees of the United States Department of Health and Human Services, Administration for Community Living (ACL); 2. Designated employees of the Missouri Department of Health and Senior Services and the Division of Senior and Disability Services; 3. Designated employees of the area agency on aging or service provider; or 4. Court of competent jurisdiction, when subpoenaed; (B) No information or records maintained by the Long-Term Care Ombudsman program may be disclosed unless the Long-Term Care Ombudsman authorizes the disclosure; (C) Lists of names of older adults shall be used for the purpose of providing services and shall not be distributed, released, or used for any other reason; (D) Records that contain confidential client information shall be released only for purposes of program monitoring by an authorized federal, state, or local monitoring agency, unless— 1. The service recipient or their legal representative has given informed consent prior to the release of that information; 2. The signed release indicates to whom the information will be given; 3. Indicates the specific information to be released; and 4. Specifies the inclusive dates for which the written consent is valid. (E) Program, fiscal and statistical records that do not identify individual service recipients are not confidential and shall be made available for public inspection upon written request. AUTHORITY: section 192.2000, RSMo 2016.* This rule was previously filed as 13 CSR 156.015 and 13 CSR 15-4.300. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Aug. 28, 2000, effective March 30, 2001. Moved to 19 CSR 15-4.300, effective Aug. 28, 2001. Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022. *Original authority: 192.2000, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001, 2014.