February 9, 2001
MB-AASA-HCS/AAA/DDD/RCS-01-06
MANAGEMENT BULLETIN
TO: Area Agency on Aging Directors
Home and Community Services Regional Administrators
SUBJECT: CONFIDENTIALITY REQUIREMENTS FOR CLIENT RECORDS
The purpose of this Management Bulletin is to 1) remind staff about federal and state requirements about confidentiality and disclosure of client records, and 2) request that you review your policies and actual practices for maintaining confidentiality to ensure they are adequate to protect client information from being revealed, either intentionally or accidentally.
Confidentiality policies require secure storage and disposal of confidential records. Methods of disposal may include shredding, establishing an agreement with a disposal contractor, or other methods that guarantee confidential disposal.
For policy on confidentiality and disclosure, refer to the following:
45 CFR 205.50 Safeguarding information for the financial assistance programs.
RCW 70.02 Medical Records—Health care information access and
Disclosure.
RCW 70.24.105 Disclosure of antibody test or testing or treatment of sexually
Transmitted diseases—Exchange of medical information.
RCW 74.04.060 Records, Confidential—Exceptions—Penalty.
RCW 74.39A.090 Discharge planning—Contracts for case management services
And reassessment and reauthorization.
RCW 42.17 Disclosure—Campaign finances—Lobbying—Records.
WAC 246-101-120 Notifiable Conditions—Handling of case reports and medical information.
WAC 388-01 DSHS organization/disclosure of public records.
Admin Policy 2.08 Media Relations Policy
Admin Policy 6.09 HIV/Acquired Immune Deficiency Syndrome (AIDS)
MB-AASA-HCS/AAA/DDD/RCS-01-06
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Admin Policy 6.14 Public Disclosure of Department Records
Admin Policy 11.02 Forms and Records Management
Admin Policy 15.16 Privacy Policy-Safeguarding Personally Identifiable Information
Executive Order 00-03 Public Records Privacy Protections (attached)
Long Term Care Program Manual Chapter 2
Policies and Procedures for Area Agencies on Aging Operations Chapter 1 Section VI
Administrative policies apply to Home and Community Services, not to Area Agencies on Aging.
Policies that have been recently revised or released are WAC 388-01 DSHS organization/disclosure of public records (replaced WAC 388-320), WAC 246-101-120 (replaced WAC 246-100-016), Executive Order 00-03, and Administrative Policy 15.16.
Inquiries to: Kim Kelley, Program Manager
State Unit on Aging
360-725-2558
Penny Black, Acting Director
Home and Community Services Division