To the extent permitted by any applicable provision of law, a
person who is the subject of a confidential record may have a copy of the
portion of that record concerning the subject disclosed to a third party. A
request for such a disclosure must be in writing and must identify the
particular record or records that may be disclosed, and the particular person
or class of persons to whom the record may be disclosed and the time period
during which the record may be disclosed. The person who is the subject of the
record and, where applicable, the person to whom the record is to be disclosed,
may be required to provide proof of identity.
No confidential information about clients of the agency shall
be released without the client's consent, except as provided in rule
6.10(17A,22). Release of information includes:
1. Granting access to or allowing the copying
of a record,
2. Providing
information either in writing or orally, or
3. Acknowledging information to be true or
false.
(1)
Forms.
a. General. Agency forms are to be used for
releases by the subject as noted below. However, information may be released
with authorization on a form from another source providing that such meets the
requirements of law.
b. Obtaining
information from a third party. The Iowa Veterans Home is required to obtain
information to establish eligibility, provide services and determine charges.
Requests to third parties for this information involve release of confidential
identifying information about clients. Consent to Release of Information, Form
475-0859, is used for releases by the subject.
c. Disclosure of information to a third
party. At the request of the subject, the Iowa Veterans Home releases
information to third parties. Form 475-0859, Consent to Release of Information,
or Form 475-0700, Release of Condition Information, is used, depending on the
nature of the authorization.
d.
Mental health and substance abuse information. Mental health or substance abuse
information can be released only by completion of the specific authorization
section of Form 475-0859 or a similar form from another source that meets the
requirements of law.
e. Photographs
or videotapes. Form 475-1073, Authorization to Take and Use
Photographs/Videotapes, is used for permission to use photographs or videotapes
for the purposes specified on the form.
(2)
Exceptions to use of
forms.
a. Counsel. Appearance of
counsel before the agency on behalf of a person who is the subject of a
confidential record is deemed to constitute consent for the agency to disclose
records about that person to the person's attorney.
b. Public official. A letter from the subject
to a public official which seeks the official's intervention on behalf of the
subject in a matter that involves the agency shall be treated as an
authorization to release information. The agency shall release sufficient
information about the subject to the official to resolve the matter.
c. Medical emergency. Agency staff may
authorize release of confidential information to medical personnel in a medical
emergency if the subject is unable to give or withhold consent. As soon as
possible after the release of information, the subject shall be advised of the
release.
d. Abuse information.
Consent to release information is not required to report suspected dependent
adult abuse.
(3)
Consent by subject's legal representative.
a. Exercise of right. The subject's rights
under this rule may also be exercised by the subject's legal representative,
except as provided in paragraph 6.7(3)"b. "
b. Exceptions.
(1) Scope of authority. Legal representatives
may act only within the scope of their authority. For example, court-appointed
conservators and protective payees appointed by an agency shall have access to
and authority to release the following information only:
1. Name and address of client.
2. Amounts of assistance or type of financial
services received.
3. Information
about the economic circumstances of the client.
(2) Substance abuse information. Only the
subject can consent to the disclosure of substance abuse information,
regardless of the subject's age or condition.
(3) Failure to act in good faith. If the
agency has reason to believe that the legal representative is not acting in
good faith in the best interests of the subject, the agency may refuse to
release information on the authorization of the legal representative.
