Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 9 - Public Records and Fair Information Practices › Rule 441-9.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law,
				  the subject of a confidential record may have a copy of the portion of that
				  record concerning the subject disclosed to a third party. A request for such a
				  disclosure must be in writing and must identify the particular record or
				  records to be disclosed, the particular person or class of persons to whom the
				  record may be disclosed, and the time period during which the record may be
				  disclosed. The subject of the record and, where applicable, the person to whom
				  the record is to be disclosed may be required to provide proof of identity.
				  Appearance of counsel before the department on behalf of a person who is the
				  subject of a confidential record is deemed to constitute consent for the
				  department to disclose records about that person to the person's attorney. No
				  confidential information about clients of the department shall be released
				  without the client's consent, except as otherwise provided by law. Release of
				  confidential information includes granting access to or allowing the copying of
				  a record, providing information either in writing or orally, or acknowledging
				  information to be true or false.
(1)
Release forms.
a.
Releases allowing the department to provide confidential
				information.
Subjects should complete the Authorization for the
				Department to Release Information for releases that do not involve protected
				health information.
b.
Releases allowing the department to provide confidential information,
				including protected health information.
When consent or authorization
				for use or disclosure of health information is required, the department shall
				use Form 470-3951, Authorization to Obtain or Release Health Care Information,
				or a HIPAA authorization form from another source that meets HIPAA
				requirements. The department shall not require a subject to sign a HIPAA
				authorization form as a condition of treatment, payment, enrollment in a health
				plan, or eligibility for benefits. The department as a health care provider may
				require a subject to sign a HIPAA authorization form for the use or disclosure
				of protected health information for research, as a condition of the subject's
				receiving research-related treatment. A subject may revoke a HIPAA
				authorization at any time, provided that the revocation is in writing using the
				Request to End an Authorization form, except to the extent that the department
				has taken action in reliance thereon.
(2)
				Except as provided in subparagraph 9.7(1)
"c"
(1), department
				staff shall release mental health or substance abuse information only with
				authorization on the Consent to Obtain and Release Information form, a form
				from another source that meets requirements of law, or as otherwise allowed by
				law.
c.
Releases
				allowing the department to obtain confidential information from a third
				party.
The department is required to obtain confidential information
				from third parties. The department may make these requests only when the client
				has authorized the release on one of the following forms or when otherwise
				provided by law:
(1) Authorization for
				Release of Information.
(2)
				Household Member Questionnaire.
(3)
				Bank or Credit Union Information.
(4) Addendum for Application and Review Forms
				for Release of Information.
(5)
				Request for School Verification.
(6) Employer's Statement of
				Earnings.
(7) Verification of
				Educational Financial Aid.
(8)
				Financial Institution Verification.
(9) Authorization to Obtain or Release Health
				Care Information.
d.
Releases for photographs and recordings.
The department uses
				Authorization to Take and Use Photographs, and Authorization to Take and Use
				Photographs of Minor or Ward forms, for permission to use photographs in
				department publications. The department shall obtain authorization from the
				subject or person responsible (such as a guardian, custodian, or personal
				representative) for the subject before taking photographs or making any type of
				recording for any purpose other than those specifically allowed by law or for
				internal use within an institution.