Section 22-A6320. CLIENT RECORDS MANAGEMENT AND CONFIDENTIALITY  


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    6320  CLIENT RECORDS MANAGEMENT AND CONFIDENTIALITY

     

    6320.1  A program shall create and maintain an organized record for each person receiving service at the agency or its extended service sites.

     

    6320.2  All records must be secured in a manner that provides protection from unauthorized disclosure, access, use, or damage in accordance with both District and Federal law.

     

    6320.3  All client records shall be kept confidential and shall be handled in compliance with “Confidentiality of Alcohol and Drug Abuse Patient Records” 42 C.F.R. part 2, and both Federal and District laws and regulations regarding the confidentiality of client records. 

     

    6320.4  Each provider shall have a designated privacy officer responsible for ensuring compliance with privacy requirements.

     

    6320.5  A program shall ensure that all staff and clients, as part of their orientation, are made aware of the privacy requirements.

     

    6320.6  A decision to disclose protected health information (PHI), under any provisions of District or Federal rules that permit such disclosure, shall be made only by the Privacy Officer or his/her designee with appropriately administered consent procedures.

     

    6320.7   A program shall implement policies and procedures for the release of identifying information consistent with Federal and District laws and regulations regarding the confidentiality of client records including "Confidentiality of Alcohol and Drug Abuse Patient Records" 42 C.F.R. part 2, the District of Columbia Mental Health Information Act, and the Health Insurance Portability and Accountability Act (HIPAA). A provider with a contract with the Department shall ensure its policies and procedures comply with the Department’s Privacy Policy. 

     

    6320.8The program shall encourage all enrolled clients to authorize the release of information to other certified providers, primary health care providers and other health care organizations engaged in treating the client in order to facilitate treatment and coordination of care.

     

    6320.9  The program director shall designate a staff member to be responsible for the maintenance and administration of records.

     

    6320.10 A program shall arrange and store records according to a uniform system approved by the Department.

     

    6320.11 A program shall maintain records such that they are readily accessible for use and review by authorized staff and other authorized parties.

     

    6320.12 A program shall organize the content of records so that information can be located easily and so that Department surveys and audits can be conducted with reasonable efficiency.

     

     

authority

Sections 5113, 5115, 5117 and 5118 of the Department of Behavioral Health Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code §§ 7-1141.02, 7-1141-04, 7-1141.06 and 7-1141.07 (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 12056 (September 4, 2015).