Pennsylvania Code › Title 4 - ADMINISTRATION › Part XI - GOVERNOR'S COUNCIL ON DRUG AND ALCOHOL ABUSE › Chapter 255 - MANAGEMENT INFORMATION, RESEARCH AND EVALUATION › Section 255.5 - Projects and coordinating bodies: disclosure of client-oriented information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disclosure.
Information systems and reporting systems shall
				not disclose or be used to disclose client oriented data which reasonably may
				be utilized to identify the client to any person, agency, institution,
				governmental unit, or law enforcement personnel. Project staff may disclose
				client oriented data only under the following situations:
(1) With or without the consent of the client
				information may be released to those judges who have imposed sentence on a
				particular client where such sentence is conditioned upon the client entering a
				project. Information released shall be limited to that provided for in
				subsection (b).
(2) With or without
				the consent of the client, information may be released to those duly authorized
				probation or parole officers or both who have assigned responsibility to
				clients in treatment if the probation or parole of the client is conditioned
				upon his being in treatment. Information released shall be limited to that
				provided for in subsection (b).
(3)
				With or without the consent of the client, to judges who have assigned a client
				to a project under a pre-sentence, conditional release program. Presentence
				conditional release programs include preindictment or preconviction conditional
				release such as Accelerated Rehabilitative Disposition, probation without
				verdict or disposition in lieu of trial under sections 17 and 18 of Act 64
				(35
				P. S. §
											§
											780-117 and
				780-118).
(4) With the consent of the client, in
				writing, to a judge in order to assist that judge in deciding whether to
				initiate conditional release programs including those specified in paragraph
				(3).
(5) Projects may disclose any
				information to the attorney of a client provided as follows:
(i) The client consents, in writing to the
				disclosure of information.
(ii) The
				attorney is representing the client in a criminal, civil or administrative
				proceeding.
(6) Projects
				may disclose with the consent of a client, in writing, the information to
				employers of a client to further the rehabilitation of a client; or, to a
				prospective employer who affirmatively expresses that information is sought to
				enable the employer to engage the client as an employe. Such information shall
				be limited to whether the client has or is receiving treatment with the
				project.
(7) Projects may disclose
				information as set forth in subsection (b) with the consent of a client, in
				writing, to an insurance company, health, or hospital plan or facsimile
				thereof, which has contracted with the client to provide or will provide
				medical, hospital, disability or similar benefits. In the event that an
				insurance company, health, or hospital plan remains dissatisfied with the
				content of the information released with regard to a client in accordance with
				this paragraph, such insurance company, health or hospital plan may apply to
				the Executive Director for additional information with the written consent of
				the client and, upon approval by the Executive Director, such information may
				be released.
(8) Projects may
				disclose information as set forth in subsection (b) with the consent of a
				client, in writing, to governmental officials for the purpose of obtaining
				governmental benefits due the client as a result of his drug or alcohol abuse
				or dependence.
(9) In emergency
				medical situations where the life of the client is in immediate jeopardy,
				projects may release client records without the consent of the client to proper
				medical authorities solely for the purpose of providing medical treatment to
				the client.
(10) Projects shall
				keep and maintain a written record of all information and data which are
				disclosed under this section.