DAR File No. 29434

Human Services, Substance Abuse and Mental Health, State Hospital

R525-1

Medical Records

NOTICE OF PROPOSED RULE

DAR File No.: 29434
Filed: 01/23/2007, 01:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This Rule is being repealed because the State Hospital is required to abide by the provisions found in the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Alcohol and Other Drug (AOD) Confidentiality Rule within 42 CFR 2. Both are federal requirements that trump all state alcohol, drug, and medical records access laws.

Summary of the rule or change:

The entire rule is being repealed and all requests for medical records will conform to HIPAA and 42 CFR requirements.

State statutory or constitutional authorization for this rule:

Section 62A-15-606

Anticipated cost or savings to:

the state budget:

The State Hospital already conforms to HIPAA and 42 CFR requirements so repealing this rule will not increase or decrease the cost of record preparation, storage, or release of medical records than already exists at this time.

local governments:

Local governments are not impacted since they do not collect, store, or release medical information from the State Hospital.

other persons:

Others receiving medical information from the State Hospital should already comply with HIPAA and 42 CFR requirements so repealing this rule will not increase or decrease the cost of record preparation, storage, or release of medical information other than already exists at this time.

Compliance costs for affected persons:

Others receiving medical information from the State Hospital should already comply with HIPAA and 42 CFR requirements so repealing this rule will not increase or decrease the cost of record preparation, storage, or release of medical information other than already exists at this time.

Comments by the department head on the fiscal impact the rule may have on businesses:

After careful review, the Department of Human Services has determined that this rule will have no additional financial impact on businesses in the State of Utah beyond that which is already associated with this rule as allowed by the Government Records Access and Management Act's cost reimbursement provisions. Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO UT 84603-0270

Direct questions regarding this rule to:

Thom Dunford at the above address, by phone at 801-538-4519, by FAX at 801-538-9892, or by Internet E-mail at TDUNFORD@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/19/2007

This rule may become effective on:

03/27/2007

Authorized by:

Mark I Payne, Director

R525. Human Services, Substance Abuse and Mental Health, State Hospital.

[R525-1. Medical Records.

R525-1-2. Access to Medical Records.

The patient record is the property of the Utah State Hospital (USH) and is maintained for the benefit of the patient, clinical staff, and hospital. USH shall safeguard the information in the record against loss, defacement, tampering, or use by unauthorized persons.

 

R525-1-3. Written Consent Is Required for Disclosure of Patient Information.

Expect as may be otherwise provided for by law, proper written consent of the patient or his legal guardian, if any (or, if a minor, the parent or legal guardian), is required for disclosure of patient information. USH staff informs each patient and new staff member of the hospital's policies regarding confidentiality and disclosure of information.

 

R525-1-4. Processing Requests for Patient Information.

Requests for patient information are processed by the Medical Records Department.

 

R525-1-5. Disclosures of Information Are Not Given Over the Phone.

Disclosures of information are not given over the telephone unless the disclosure of information is deemed by medical records personnel to be an emergency.

 

R525-1-6. Attorneys Receiving Patient Information.

With respect to an attorney receiving patient information. USH complies with Section 78-25-25 of the Utah Code.

 

R525-1-7. Patient Information May Be Disclosed Upon Receipt of Authorization.

Patient information may be disclosed to physicians, psychologists, certified social workers, appropriate agencies, and insurance companies upon receipt of an original authorization signed by the patient or guardian. The authorization must contain the following information:

A. the name of the person, agency, or organization to which the information is to be disclosed;

B. the specific information to be disclosed;

C. the purpose for the disclosure;

D. the date the consent was signed and the signature of the individual witnessing the consent; and

E. a notice that the consent is valid only for 90 days.

 

R525-1-8. Assessments Containing Other Names Are Not Released.

Patient assessments containing names other than that of the patient or treatment staff are not released.

 

R525-1-9. Patient Information is Stamped "Confidential".

Patient information disclosed to other persons, agencies, or organizations is stamped "confidential" and may not be re-disclosed.

 

R525-1-10. Signed Authorization Is Retained in the Medical Record.

Following authorized disclosure of patient information, the signed authorization is retained in the patient record with notation of the specific information disclosed, the date of the disclosure, and the signature of the individual disclosing the information.

 

R525-1-11. Original Patient Records Are Not Removed From USH.

Original patient records are not removed from the premises except when there is an appropriately signed court order or with the approval of the Attorney General's Office.

 

R525-1-12. State Mental Health Authorities Have Access to Patient Information.

State of Utah Mental Health Authorities shall have access to patient information without the requirement of a signed authorization.

 

KEY: medical records

Date of Enactment or Last Substantive Amendment: May 25, 1998

Notice of Continuation: May 20, 2003

Authorizing, and Implemented or Interpreted Law: 62A-12-205]