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Billing Manual for Community Care Network Providers

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Current patients or clients or the parents of patients under the age of 14 shall benotified of the specific conditions under which in<strong>for</strong>mation may be released withouttheir consent.In<strong>for</strong>mation made available under this section shall be limited to that in<strong>for</strong>mationrelevant and necessary to the purpose <strong>for</strong> which the in<strong>for</strong>mation is sought. Thein<strong>for</strong>mation may not, without the patient’s consent, be released to additionalpersons, or entities, or used <strong>for</strong> additional purposes. Requests <strong>for</strong> in<strong>for</strong>mation andthe action taken should be recorded in the patient’s records.Release to CourtsEach facility director shall designate one or more persons as a records officer, whoshall maintain the confidentiality of client/patient records in accordance with thischapter.Records shall comply with the following:• Whenever a client/patient’s records are subpoenaed or otherwise made subjectto discovery proceedings in a court proceeding, other than proceedingsauthorized by the act, and the patient/client has not consented or does notconsent to release of the records, no records should be released in the absenceof an additional order of the court.• The records officer, or his designee, is to in<strong>for</strong>m the court either in writing or inperson that, under statute and regulations, the records are confidential andcannot be released without an order of the court. Neither the records officer northe facility director has any further duty to oppose a subpoena beyond stating tothe court that the records are confidential and cannot be released without anorder of the court; however, nothing in this section shall be construed asauthorizing such a court order.• If it is known that a patient has a current attorney or record <strong>for</strong> the givenproceedings, that attorney shall be in<strong>for</strong>med of the request of subpoena, if notalready served with a copy, and shall be expected to represent and protect theclient/patient’s interests in the confidentiality of the records. The person whoserecord has been subpoenaed shall be notified of such action if they are currentlyreceiving services and their whereabouts are known, unless served with a copyof the subpoena. Those currently in treatment shall also be advised that theymay wish to obtain an attorney to represent their interests. In the case of personsno longer receiving services, the facility shall send this notification by certifiedmail to the last known address.• If a present or <strong>for</strong>mer patient sues a person or organization providing servicessubject to the act in connection with said patient’s care, custody, evaluation, ortreatment, or in connection with an incident related thereto, defense counsel <strong>for</strong>said service provider shall have such access to the present or <strong>for</strong>mer patient’srecords as such counsel deems necessary in preparing a defense. Counselreceiving such records shall maintain their confidentiality and shall limit thedisclosure of the contents thereof to those items they deem necessary to allowcounsel to prepare and present a proper defense.<strong>Community</strong> <strong>Care</strong> Provider <strong>Manual</strong> | 1-888-251-CCBH | © 2012 All Rights Reserved | Page 164

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