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016.04.4-28. Client Confidentiality (CC)

AR ADC 016.04.4-28Arkansas Administrative Code

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 04. Division of Behavioral Health
Rule 4. Licensure Standards for Alcohol and Other Drug Abuse Treatment Programs (Refs & Annos)
Ark. Admin. Code 016.04.4-28
016.04.4-28. Client Confidentiality (CC)
Currentness
CC1 There are written policies and procedures for the protection of client's privacy with regard to program visitors which require:
a. The clients are informed in advance of scheduled visitations; and
b. Visitations are conducted when they will minimally interrupt the client's usual activities and therapeutic programs.
CC2 A client's authorization shall be obtained before releasing information. A proper consent form must be in writing and contain the following items:
a. The name or general designation of the program(s) making the disclosure;
b. The name of the individual or organization that will receive the disclosure;
c. The name of the client who is the subject of the disclosure;
d. The purpose or need for the disclosure;
e. A description of how much and what kind of information will be disclosed;
e. [FN1] The clients right to revoke the consent in writing, and the exceptions to the right to revoke or, if the exceptions are included in the program's notice, a reference to the notice;
g. The program's ability to condition treatment, payment, enrollment or eligibility of benefits on the client agreeing to sign the consent, by stating either that the program may not condition these services on the client signing the consent, or the consequences for the client refusing to sign the consent;
h. The date event or condition upon which the consent expires if not previously revoked;
i. The signature of the client (and/or other authorized person); and
j. The date on which the consent is signed.
CC3 The program has written procedures for responding to requests for confidential client information when presented with telephone inquiries; written inquiries; subpoenas; court orders; search warrants; arrest warrants; and for reporting child abuse.
CC4 Every authorization for release of information becomes part of the client's permanent case record; and, according to HIPAA programs, must provide client with copies of all signed authorizations.
CC5 In a life-threatening situation or where an individual's condition or situation precludes the possibility of obtaining written consent, the program does allow for the release of pertinent medical information to the medical personnel responsible for the individual's care without a client or applicant's authorization, and without the authorization of the Chief Executive Officer or his or her designee, if obtaining such authorization would cause an excessive delay in delivering treatment to the individual.
CC6 In the event information has been released without the individual's authorization, the staff member responsible for the release of information enters into the individual's case record all details pertinent to the transaction, including at least: the date the information was released; persons to whom the information was released; the reason the information was released; the nature and details of the information given.
CC7 The client or applicant is informed that the confidential information was released as soon as possible after the incident occurs.

Credits

Adopted Dec. 26, 2010.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.04.4-28, AR ADC 016.04.4-28
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