Iowa Admin. Code r. 641-3.12 - Sharing of information and confidentiality
Reports, records, and other information collected by or provided to the department relating to a child's newborn hearing screening, rescreen, diagnostic audiologic assessment, and early intervention enrollment are confidential records pursuant to Iowa Code section 22.7.
(1) Personnel of the department shall
maintain the confidentiality of all information and records used in the review
and analysis of newborn hearing screenings, rescreens, diagnostic audiologic
assessments, and early intervention enrollment, including information which is
confidential under Iowa Code chapter 22 or any other provisions of state
law.
(2) No individual or
organization providing information to the department in accordance with this
rule shall be deemed to be or held liable for divulging confidential
information.
(3) The department
shall not release confidential information except to the following persons and
entities under the following conditions:
a.
The parent or guardian of an infant or child for whom the report is
made.
b. A local birth-to-three
coordinator with the Early ACCESS program or an agency under contract with the
department to administer the children with special health care needs
program.
c. A health care
professional or primary care provider.
d. A representative of a federal or state
agency, to the extent that the information is necessary to perform a legally
authorized function of that agency.
e. A representative of a state agency, or an
entity bound by that state, to the extent that the information is necessary to
perform newborn hearing screening follow-up. The state agency or the entity
bound by that state shall be subject to confidentiality regulations that are
the same as or more stringent than those in the state of Iowa. The state agency
or the entity bound by that state shall not use the information obtained from
the department to market services to patients or nonpatients or identify
patients for any purposes other than those expressly provided in this
rule.
(4) Research
purposes. All proposals for research using the department's data to be
conducted by persons other than program staff shall first be submitted to and
accepted by the researchers' institutional review board. Proposals shall then
be reviewed and approved by the department before research can
commence.
Notes
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