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KAR 1:510. Authorization for disclosure of protection and permanency records.

 

      RELATES

TO: KRS 61.870-61.884, 45 C.F.R. 160.103, 164.501, 164.502, 164.508, 164.512,

164.524

      STATUTORY

AUTHORITY: KRS 61.876, 194A.050(1),

194B.060(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.876

authorizes the cabinet to adopt administrative regulations regarding protection

and disclosure of public records in conformity with KRS 61.870 to 61.884. KRS

194B.060(1) authorizes the secretary to promulgate administrative regulations

for protection and disclosure of confidential records and reports of the

cabinet’s clients or former clients. This administrative regulation establishes

the authorization requirements for disclosure of Protection and Permanency

records.

 

      Section 1. Definitions. (1)

"Disclosure" is defined by 45 C.F.R. 160.103.

      (2) "Health information" is defined by

45 C.F.R. 160.103.

      (3) "Official custodian" is defined by

KRS 61.870(5).

      (4) "Protected health information" or

"PHI" is defined by 45 C.F.R. 160.103.

      (5) "Protection and permanency records"

means a public record as defined in KRS

61.870(2) and that is prepared, owned, used, in the possession of, or retained

by departmental staff providing protection and permanency services.

 

      Section 2. General. The cabinet shall comply with

KRS 61.870 to 61.884 and 45 C.F.R. Parts 160 and 164 in processing requests for

disclosure of protection and permanency records.

 

      Section 3. Authorization for Disclosure of

Protection and Permanency Records. (1) If a person submits a request for

disclosure of protection and permanency records that include health information

or protected health information, the official custodian shall require the

person to authorize such a disclosure:

      (a) By completing and signing a "DPP-010, Open

Records Request" in accordance with KRS 61.872(2), if the written request

is insufficient to locate and retrieve the records requested;

      (b) In accordance with 45 C.F.R. 164.508(c), by

completing and signing a:

      1." CHFS-305, Authorization for Disclosure

of Protected Health Information", if requesting health information other

than psychotherapy records; or

      2. "CHFS-305A, Authorization for Disclosure

of Psychotherapy Information ", where applicable; and

      (c) By returning the appropriate forms in paragraphs

(a) and (b) of this subsection to the official custodian of protection and

permanency records:

      1. Between the hours of 8 a.m. and 4:30 p.m. to

the Cabinet for Health and Family Services, Department of Community Based

Services, Records Management Section, 275 East Main Street, Section 3E-G,

Frankfort, Kentucky 40621; or

      2. By mail, to the address specified in

subparagraph 1 of this paragraph.

      (2) If a person submits a request for protection

and permanency records that does not include health information or protected

health information, the official custodian shall require the person to:

      (a) Complete and sign an "Open Records

Request" as specified in subsection (1)(a) of this section; and

      (b) Submit the request to the official custodian

of protection and permanency records as specified in subsection (1)(c) of this

section.

      (3) The official custodian of protection and

permanency records shall:

      (a) Respond to the request for disclosure of

protection and permanency records in accordance with KRS 61.880(1); and

      (b) Allow the disclosure of protection and

permanency records in accordance with 45 C.F.R. 164.524(b) and KRS 61.872,

unless denied in accordance with 45 C.F.R. 164.524(d) or KRS 61.878(1).

 

      Section 4. Appeals. A person denied access to

records shall have appeal rights in accordance with 45 C.F.R. 164.524(d)(4), or

KRS 61.880 and 61.882.

 

      Section 5. Incorporation by Reference. (1) The

following material is incorporated by reference:

      (a) "DPP-010, Open Records Request, edition

6/04";

      (b) "CHFS-305, Authorization for Disclosure

of Protected Health Information, edition 6/04"; and

      (c) "CHFS-305A, Authorization for Disclosure

of Psychotherapy Information, edition 6/04".

      (2) This material may be inspected, copied, or

obtained, subject to applicable copyright law, at the Cabinet for Health and

Family Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday

through Friday 8 a.m. to 4:30 p.m. (30 Ky.R. 1156; Am. 1561; 2587; eff.

1-5-2004; 31 Ky.R. 362; eff. 8-24-04.)