Idaho Admin. Code r. 16.05.01.075, Use and Disclosure of Confidential Information

Prohibits the use or disclosure of confidential information without authorization unless specifically authorized by Idaho Admin. Code r. 16.05.01.100. Limits the use or disclosure of confidential information, pursuant to a valid authorization, to the minimum necessary to conduct Department of Health and Welfare business. Requires persons that receive confidential information to protect it from unauthorized disclosure or use. Requires individuals to verify their identity when requesting to access, copy, or amend confidential information or sign an authorization for the disclosure of such information. Permits the Department—upon subpoena— to release information as they would under a public records request or to submit the information to a judge or hearing officer so they may review the information to determine whether to limit its release. Permits the Department to seek a protective order if they believe a compliance with a public records request might harm an individual. Prohibits disclosure of identifying information about a person who reports concerns to the Department unless that person is a witness in a legal proceeding. Requires the Department to comply with an individual’s request to deliver information by alternative means unless compliance is difficult or the request is unreasonable. Permits individuals to request a restriction on the use or disclosure of their health information. Specifies the circumstances in which the Department may deny a restriction request (e.g., if disclosure is required, unreasonable, necessary to provide benefits, etc.). Permits the discovery of records pursuant to Idaho’s Public records Act.