Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 9 - Public Records and Fair Information Practices › Rule 441-9.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Business associate"
means the same as
				  defined in 45 CFR §
										160.103 as amended to March 26, 2013.
"Client"
means a person who has applied for
				  or received services or assistance from the department.
"Confidential record"
in these rules means a
				  record which is not available as a matter of right for examination and copying
				  by members of the public under applicable provisions of law. Confidential
				  records include records or information contained in records that the agency is
				  prohibited by law from making available for examination by members of the
				  public, and records or information contained in records that are specified as
				  confidential by Iowa Code section
				  22.7, or other provision of law,
				  but that may be disclosed upon order of a court, the lawful custodian of the
				  record, or by another person duly authorized to release the record. Mere
				  inclusion in a record of information declared confidential by an applicable
				  provision of law does not necessarily make that entire record a confidential
				  record.
"Covered entity"
means the same as defined
				  in 45 CFR §
										160.103 as amended to March 26, 2013.
"Custodian"
means the director of the
				  department or the director's designee.
"Data aggregation"
is the same as defined in
				  45 CFR §
										164.501 as amended to March 26, 2013.
"Designated record set"
is the same as
				  defined in 45 CFR §
										164.501 as amended to March 26, 2013,
				  including:
1. The medical records
				about subjects that are maintained for facilities;
2. The enrollment, payment, and eligibility
				record systems maintained for Medicaid; or
3. The enrollment, payment, and eligibility
				record systems maintained for the hawki program that are used, in whole or in
				part, by the hawki program to make decisions about subjects.
For purposes of this definition, the term "record" means the
				  same as defined in 45 CFR
				  §
										164.501 as amended to March 26,
				  2013.
"Disclosure"
means the same as defined in
				  45 CFR §
										160.103 as amended to March 26, 2013.
"Facility"
or
"facilities"
means, with respect to HIPAA rules about health information, one or more of
				  these department institutions: Cherokee Mental Health Institute, Glenwood
				  Resource Center, Independence Mental Health Institute, and Woodward Resource
				  Center.
"Health care"
means the same as defined in
				  45 CFR §
										160.103 as amended to March 26, 2013.
"Health care clearinghouse"
means the same
				  as defined in 45 CFR §
										160.103 as amended to March 26, 2013.
"Health care operations"
for covered
				  entities in the department has the same definition as that stated in
				  45 CFR §
										164.501 as amended to March 26, 2013.
"Health care provider"
means the same as
				  defined in 45 CFR §
										160.103 as amended to March 26, 2013.
"Health information"
means the same as
				  defined in 45 CFR §
										160.103 as amended to March 26, 2013.
"Health oversight agency"
means the same as
				  defined in 45 CFR §
										164.501 as amended to March 26, 2013.
"Health plan"
means an individual or group
				  plan that provides or pays the cost of medical care, as defined at
				  45 CFR §
										160.103 as amended to March 26, 2013. In the
				  department, "health plan" means Medicaid or hawki.
"HIPAA"
means the Health Insurance
				  Portability and Accountability Act of 1996.
"Law enforcement official"
means an officer
				  or employee of any agency or authority of the United States, a state, a
				  territory, a political subdivision of a state or territory, or an Indian tribe,
				  who is empowered by law to:
1.
				Investigate or conduct an official inquiry into a potential violation of law;
				or
2. Prosecute or otherwise
				conduct a criminal, civil, or administrative proceeding arising from an alleged
				violation of law.
"Legal representative"
is a person
				  recognized by law as standing in the place or representing the interests of
				  another for one or more purposes.
"Mental health information"
means oral,
				  written, or otherwise recorded information which indicates the identity of a
				  person receiving professional services (as defined in Iowa Code section
				  228.1(8)) and
				  which relates to the diagnosis, course, or treatment of the person's mental or
				  emotional condition.
"Open record"
means a record other than a
				  confidential record.
"Payment,"
with respect protected health
				  information, has the same definition as that stated in
				  45 CFR §
										164.501 as amended to March 26, 2013. In the
				  department, "payment" applies to subjects for whom health care coverage is
				  provided under the Medicaid program or the hawki program.
"Personally identifiable information"
means
				  information about or pertaining to the subject of a record which identifies the
				  subject and which is contained in a record system.
"Personal representative"
means someone
				  designated by another as standing in the other's place or representing the
				  other's interests for one or more purposes. The term "personal representative"
				  includes, but is not limited to, a legal representative. For disclosure of
				  protected health information, the definition of "personal representative" is
				  more restrictive, as described at rule
				  441-9.15 (17A,22).
"Protected health information"
means the
				  same as defined in 45 CFR
				  §
										160.103 as amended to March 26,
				  2013.
"Psychotherapy notes"
means the same as
				  defined in 45 CFR §
										164.501 as amended to March 26, 2013.
"Public health authority"
means the same as
				  defined in 45 CFR §
										164.501 as amended to March 26, 2013.
"Record"
means the whole or a part of a
				  "public record" as defined in Iowa Code section
				  22.1 that is owned by or in the
				  physical possession of the department.
"Record system"
means any group of records
				  under the control of the department from which a record may be retrieved by a
				  personal identifier such as the name of a subject, number, symbol, or other
				  unique identifier assigned to a subject.
"Subject"
means the person who is the
				  subject of the record, whether living or deceased.
"Substance abuse information"
means
				  information which indicates the identity, diagnosis, prognosis, or treatment of
				  any person in an alcohol or drug abuse program.
"Transaction"
means the same as defined in
				  45 CFR §
										160.103 as amended to March 26, 2013.
"Treatment"
means the same as defined in
				  45 CFR §
										164.501 as amended to March 26, 2013.
"Use,"
with respect to protected health
				  information, means the same as defined in
				  45 CFR §
										160.103 as amended to March 26, 2013.
"Workforce,"
with respect to protected
				  health information, means the same as defined in
				  45 CFR §
										160.103 as amended to March 26,
				  2013.