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016.05.12-304. Client Service Records and Personally Identifiable Information.

AR ADC 016.05.12-304Arkansas Administrative CodeEffective: July 1, 2022

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 05. Division of Developmental Disabilities Services
Rule 12. Rules for the Division of Developmental Disabilities First Connections Program Under Part C of the Individual with Disabilities Education Act
Subchapter 3. Administration.
Effective: July 1, 2022
Ark. Admin. Code 016.05.12-304
016.05.12-304. Client Service Records and Personally Identifiable Information.
Currentness
(a) A Service Provider must maintain a complete service record for each child in CDS that includes (at a minimum) all documentation related to a child's eligibility determination, their IFSP, service delivery, Written Notices, Parental Consents, and any other documentation related to the child that is required under these standards.
(b) If a Service Provider elects to maintain its own set of service records in addition to the service record maintained for each child in CDS, then the Service Provider must maintain service records and Personally Identifiable Information in compliance with the requirements of Part C of IDEA and all applicable state and federal laws and rules governing the protection of medical, social, personal, financial, and electronically stored records, including without limitation the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Act of 1974, and the Family Educational Rights and Privacy Act (FERPA).
(c)
(1) A Service Provider must provide access to, and at least one (1) no cost copy of, a child's service record to each of the following individuals within ten (10) Calendar Days upon request:
(i) First Connections staff;
(ii) A Parent; and
(iii) The authorized representative of a Parent.
(2) A Service Provider must explain and interpret the contents of a child's service record when requested by a Parent.
(3)
(i) A Parent has the right to request an amendment to the child's service record when the Parent believes that the service record is inaccurate, misleading, or violating the child's privacy or other rights.
(ii) A Service Provider must respond to a Parent's child service record amendment request within ten (10) Calendar Days of receipt of the request.
(iii) If a Parent's child service record amendment request is denied, the Service Provider must:
(A) Inform the Parent of their right to include the Parent's statement of facts concerning the amendment request in the child service record; and
(B) Provide Parental Notice of the Parent's due process rights to challenge the denial through First Connections dispute resolution procedures.

Credits

Adopted July 1, 2022.
Current with amendments received through May 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.05.12-304, AR ADC 016.05.12-304
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