South Carolina Code of Regulations › Chapter 126 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › Article 1 - ADMINISTRATION › Subarticle 4 - SAFEGUARDING OF CLIENT INFORMATION › Section 126-173 - Release of Information

Current through Register Vol. 48, No. 6, June 28, 2024
A. Access
				to eligibility information is restricted to persons, agencies, and entities
				which by their own rules or by contract are subject to confidentiality
				standards which are comparable to those set forth in this Subarticle. In
				addition, the information released must be subject to the following by
				agreement or by attaching the NOTICE directly to the information provided:
NOTICE: THIS IS CONFIDENTIAL INFORMATION FROM THE RECORDS OF
				  THE SOUTH CAROLINA STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION. OUR
				  AUTHORIZATION TO RELEASE THIS INFORMATION TO YOU DOES NOT IMPLY PERMISSION TO
				  FURTHER DISCLOSE THIS INFORMATION EVEN WITHIN YOUR OWN ORGANIZATION/AGENCY.
				  RERELEASE OF THIS INFORMATION SHOULD BE GOVERNED BY YOUR OWN CONFIDENTIALITY
				  STANDARDS, CONTRACTUAL RELATIONSHIPS, AND ANY APPLICABLE STATUTES AND
				  REGULATIONS.
B.
				Organizations, agencies, and individuals (and their agents, as permitted by
				program rules) that provide services which are paid for by the Commission, will
				at times need to verify program eligibility through the Finance Commission or
				its agents. The Commission and its agents will comply with requests in which
				the requesting party can furnish information, as specified by the Commission,
				which uniquely identifies the requesting provider of services and the recipient
				about which information is sought.
C. With respect to non emergency requests,
				from any source, for medical information, the Commission must be given the
				original or a legible photocopy of written permission, executed by the
				individual or someone authorized to make decisions for the individual before
				complying. Any information supplied must be accompanied by the NOTICE in A.
				above.
D. If an emergency exists
				with respect to medical information, the Commission will notify the individual
				or the authorized representative immediately after supplying the information.
				Any information supplied must be accompanied by the NOTICE in A.
				above.
E. If a court issues a
				subpoena for agency held information specifically identifying a client, the
				Commission must either obtain the individual's consent to release the
				information, or obtain an order, from a competent court, for the release of the
				information after apprising the court of the existence of these and any other
				confidentiality rules which apply. Any information supplied must be accompanied
				by the NOTICE in A. above.
F. The
				Commission may release information in accordance with data exchange agreements
				permitted by federal and state statutes or regulations.
G. The Commission may release general
				information or statistical information such as total expenditures, the number
				of clients served, and other information which does not fall within the class
				of information which can be identified with any particular
				individual.
H. The Commission is
				required to release protected information to state and federal auditors,
				performing bona fide audits of the Commission's operations. When the Commission
				contracts for audits, the contract must bind the auditor to the standards
				contained in this Subarticle.