RELATES TO: KRS 61.870-61.884,
194A.050(1),
45
C.F.R. 160.103,
164.501,
164.502,
164.508,
164.512,
164.524
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
61.876(1) requires the
cabinet to adopt administrative regulations regarding the protection and
disclosure of public records in conformity with
KRS
61.870 to
61.884.
This administrative regulation establishes the authorization requirements for
disclosure of protection and permanency records.
Section 1. Definitions.
(1) "Disclosure" is defined by
45
C.F.R.
160.103.
(2) "Official custodian" is defined by
KRS
61.870(5).
(3) "Protection and permanency records" means
a public record as defined in
KRS
61.870(2) that is prepared,
owned, used, in the possession of, or retained by departmental staff providing
protection and permanency services.
Section 2. Authorization for Disclosure of
Protection and Permanency Records.
(1) If a
person submits a request for disclosure of protection and permanency records,
the official custodian shall require the person to authorize the disclosure, in
accordance with
45
C.F.R.
164.508(c), by
completing and signing aCHFS-305, Authorization for Disclosure of Protected
Information.
(2) The CHFS-305 shall
be submitted with a copy of a photo ID to the official custodian of protection
and permanency records:
(a) Between the hours
of 8 a.m. and 4:30 p.m. to the Cabinet for Health and Family Services,
Department for Community Based Services, Records Management Section, 275 East
Main Street, Section 3E-G, Frankfort, Kentucky 40621;
(b) By mail to the address specified in
paragraph (a) of this subsection;
(c) By electronic mail to
CHFSDCBS.RMS@ky.gov; or
(d) By fax
to 502-564-9554.
Section
3. Appeals. A person denied access to records shall have appeal
rights in accordance with
45 C.F.R.
164.524(d), or
KRS
61.880 and
61.882.
Section 4. Incorporation by
Reference.
(1) "CHFS-305, Authorization for
Disclosure of Protected Information", 11/2021, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Cabinet for Health and Family Services, 275 East Main Street, Frankfort,
Kentucky 40621, Monday through Friday 8 a.m. to 4:30 p.m.