Privacy and Confidentiality in Idaho
Privacy and Confidentiality in Idaho
| Subtopic | Statute/Regulation | Description |
|---|
| Privacy and Confidentiality | Disclosure of information - Idaho Admin. Code 16.07.33.006 | States that the regulation that applies to all health records—Idaho Admin Code. 16.05.01.075—applies to mental health records. |
| I.C. § 54-1806A | Medical Disciplinary Enforcement The Idaho board of medicine must establish a professional discipline committee for the purpose of disciplining... | |
| I.C. § 54-1814 | Grounds for Medical Discipline The Idaho professional discipline committee may discipline licensed physicians for, among other grounds, failing to... | |
| Idaho Admin. Code r. 16.07.50.261 | All substance abuse treatment records must be protected in accordance with Part 2. | |
| Idaho Code Ann. § 39-308 | This has been repealed, effective 2015. Records of alcoholics, intoxicated or addicted persons All substance abuse treatment records are... | |
| IDAPA 22.01.04.031 | Disciplinary Action Licensed Idaho physicians that violate Idaho Code § 54-1814 or the 22.01.04 regulations face discipline pursuant to §... |
| Confidentiality of substance abuse records | I.C. § 37-3102, Request for Treatment and Rehabilitation - Information Confidential | |
| IDAPA 16.05.01.250, Substance Abuse | ||
| IDAPA 16.07.17.410, Outpatient Treatment Services |
| Authorization for disclosure and exceptions to authorization requirements | Idaho Admin. Code r. 15.01.03.041, Written Consent | Requires long-term care facility residents—or their legal representative— to consent in writing to ombudsman access of their confidential... |
| Idaho Admin. Code r. 15.01.03.043, Disclosure | Grants the Office of the State Ombudsman for the Elderly sole authority disclose ombudsman records and information. Authorizes disclosure of... | |
| Idaho Admin. Code r. 15.02.04.008, Confidentiality | Classifies personal information of persons receiving Blind Prevention and Sight Restoration Program services from the Commission for the Blind and... | |
| Idaho Admin. Code r. 16.03.07.008, Confidentiality of Records and Public Records Requests | Makes information about individuals regulated by the Home Health Agencies regulations subject to Idaho’s “Use and Disclosure of... | |
| Idaho Admin. Code r. 16.03.14.360, Medical Records Service | Requires hospitals to maintain medical records for all patients seen on an emergency, inpatient, outpatient, or home care basis. Limits medical... | |
| Idaho Admin. Code r. 16.05.01.050, Consent to Gather, Use and Disclose Information | Provides that individuals—or their legal or information representatives— who sign a Department of Health and Welfare application consent... | |
| Idaho Admin. Code r. 16.05.01.051, Authorization for the Use and Disclosure of Confidential Information | Specifies the information that must be included in a written authorization to disclose or use confidential information (e.g., name of the individual... | |
| 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... | |
| Idaho Admin. Code r. 16.05.01.100, Exceptions to Requirement for Authorization | Identifies the circumstances in which the Department of Health and Welfare may use or disclose confidential information without authorization (e.g.,... | |
| Idaho Admin. Code r. 16.05.01.101, Abuse, Neglect, or Domestic Violence | Permits the Department of Health and Welfare to disclose health information about a victim of abuse, neglect, or domestic violence to law enforcement... | |
| Idaho Admin. Code r. 16.05.01.102, Victim of Other Crime | Permits the Department of Health and Welfare to disclose information about victims of crimes other than abuse, neglect, or domestic violence if the... | |
| Idaho Admin. Code r. 16.05.01.103, Serious Threat to Health or Safety | Permits the Department of Health and Welfare to disclose or use health information when necessary to reduce or prevent a serious and imminent threat... | |
| Idaho Admin. Code r. 16.05.01.104, Reporting of Crime on Premises | Permits the Department of Health and Welfare to disclose health information to law enforcement if the information is evidence about a crime committed... | |
| Idaho Admin. Code r. 16.05.01.105, Reporting Crime in Emergencies | Permits the Department of Health and Welfare to disclose health information if a Department employee is providing emergency care off of Department... | |
| Idaho Admin. Code r. 16.05.01.191, Data for Research of Other Purposes | Authorizes the Department of Health and Welfare to disclose non-identifying information for research or other purposes with an individual’s... | |
| Idaho Admin. Code r. 16.05.01.250, Substance Abuse | Requires the Department of Health and Welfare to comply with 42 C.F.R. Part 2 and state law in regard to the confidentiality of substance use records... | |
| Idaho Admin. Code r. 18.04.01.020, Notice of Right to External Review | Requires health carriers to provide covered persons with notice of their external review procedures. Permits such notice to accompany the policy,... | |
| Idaho Admin. Code r. 18.04.01.021, Request for External Review | Requires the Department of Insurance to make an external review request form available on the Department’s website. Requires covered persons to... | |
| Idaho Admin. Code r. 23.01.01.101, Standards of Conduct | Establishes standards of conduct for licensed Idaho nurses. Makes violations of these standards grounds for disciplinary action. Prohibits nurses... | |
| Idaho Code Ann. § 31-3503E, Medicaid Eligibility Determination | Requires hospitals to complete and submit a medical assistance application and a request for a Medicaid eligibility determination within 31 days of... | |
| Idaho Code Ann. § 39-5307, Access to Records | Grants government officials and persons authorized to enforce the Adult Abuse, Neglect and Exploitation Act (Idaho Code Ann. § 39-5301 et seq.)... | |
| Idaho Code Ann. § 41-3930, Utilization Management Program Requirements | Establishes requirements for utilization management programs conducted by Managed Care Organizations (MCOs) or their contractors. Requires MCO... | |
| Idaho Code Ann. § 54-1727, Confidentiality of Prescriptions and Patient Information | Classifies prescriptions, drug orders, records, and other prescription information that identifies patients as confidential. Prohibits disclosure of... | |
| Idaho Code Ann. § 54-2314, Privileged Communication — Confidential Relations and Communications Between Psychologist and Client | Prohibits licensed psychologists from testifying about information they obtain from their client without their client’s written consent.... | |
| Idaho Code Ann. § 54-5615, Confidential Communications | Prohibits licensed genetic counselors from disclosing client information unless the client or their representative consents to the disclosure in... |
| Disclosure of health information pursuant to court order or subpoena | Idaho Admin. Code r. 15.01.03.043, Disclosure | Grants the Office of the State Ombudsman for the Elderly sole authority disclose ombudsman records and information. Authorizes disclosure of... |
| Idaho Admin. Code r. 16.03.14.360, Medical Records Service | Requires hospitals to maintain medical records for all patients seen on an emergency, inpatient, outpatient, or home care basis. Limits medical... | |
| 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... | |
| Idaho Code Ann. § 37-3303A, Electronic Tracking System | Requires the Board of Pharmacy to create an electronic tracking system as a means of monitoring the sale of pseudoephedrine products. Specifies the... | |
| Idaho Code Ann. § 39-9504, Abortion Complication Reporting | Requires health care facilities and medical practitioners to report symptoms or conditions that they believe arose following an abortion procedure.... | |
| Idaho Code Ann. § 54-1727, Confidentiality of Prescriptions and Patient Information | Classifies prescriptions, drug orders, records, and other prescription information that identifies patients as confidential. Prohibits disclosure of... | |
| Idaho Code Ann. § 57-2006, Confidentiality | Classifies TSE Registry information and records as confidential and prohibits disclosure of such material unless authorized by Idaho laws or... |
| Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) | Idaho Admin. Code r. 16.01.06.006, Confidentiality of Records and Public Records Act Compliance and Requests | Classifies EMS Response records and data collected by the Bureau of Emergency Medical Services and Preparedness as confidential. Permits disclosure... |
| Idaho Admin. Code r. 16.01.06.105, EMS Response Records and Data Collected | Classifies EMS response records and data collected or captured by local EMS agencies of the EMS Bureau as confidential. Permits disclosure of such... | |
| Idaho Admin. Code r. 16.02.08.451, Induced Abortion Reporting Forms — Compilations | Requires reports of induced abortions sent to the Vital Statistics Unit to comply with standards established in § 39-261. Clarifies that such... | |
| Idaho Admin. Code r. 16.02.10.070, Special Disease Investigations | Authorizes the Department of Health and Welfare to conduct special investigations into the causes of reportable diseases and methods of prevention.... | |
| Idaho Code Ann. § 37-2726, Filing Prescriptions — Database | Requires persons that dispense controlled substances and opioid antagonists to electronically report the dispensing to the Board of Pharmacy (“... | |
| Idaho Code Ann. § 37-2730A, Prescription Tracking Program | Requires the Board of Pharmacy (“board”) to establish a controlled substances prescription tracking program as a means of tracking... | |
| Idaho Code Ann. § 37-3303A, Electronic Tracking System | Requires the Board of Pharmacy to create an electronic tracking system as a means of monitoring the sale of pseudoephedrine products. Specifies the... | |
| Idaho Code Ann. § 39-1004, Laboratory Report of Test | Requires laboratories that analyze blood samples of pregnant persons for syphilis to report the results to the physician that ordered the test... | |
| Idaho Code Ann. § 39-4505, Blood Testing | Permits physicians to order testing of a patient or deceased person’s blood for blood or body fluid transmitted diseases without prior consent... | |
| Idaho Code Ann. § 39-4803, Immunization Registry | Requires the Department of Health and Welfare to create a registry of childhood immunization data. Specifies the information that the registry must... | |
| Idaho Code Ann. § 39-606, Reports | Requires reports to the Director of the Department of Health and Welfare regarding STD cases to include patient names. Permits public health... | |
| Idaho Code Ann. § 39-610, Disclosure of HIV and HBV Reporting Information | Prohibits the discovery or admission of confidential public health reports in civil or administrative hearings. Permits disclosure of such... | |
| Idaho Code Ann. § 39-9504, Abortion Complication Reporting | Requires health care facilities and medical practitioners to report symptoms or conditions that they believe arose following an abortion procedure.... | |
| Idaho Code Ann. § 57-1706, Confidentiality | Requires the Department of Health and Welfare to maintain the confidentiality of identifying information maintained in the central cancer... | |
| Idaho Code Ann. § 57-2006, Confidentiality | Classifies TSE Registry information and records as confidential and prohibits disclosure of such material unless authorized by Idaho laws or... |
| Disclosure requirements (what providers can disclose, prohibition on further disclosure) | Idaho Admin. Code r. 16.01.06.105, EMS Response Records and Data Collected | Classifies EMS response records and data collected or captured by local EMS agencies of the EMS Bureau as confidential. Permits disclosure of such... |
| Idaho Admin. Code r. 16.01.07.077, Standards of Professional Conduct for EMS Personnel | Establishes standards of conduct for EMS personnel. Includes a requirement that EMS personnel maintain the confidentiality of privileged patient... | |
| Idaho Admin. Code r. 16.03.02.008, Confidentiality of Records and Public Records Requests | Makes information about individuals regulated by the Skilled Nursing & Intermediate Care Facilities regulations subject to Idaho’s “... | |
| Idaho Admin. Code r. 16.03.14.130, Confidentiality | Prohibits information received by a hospital licensing agency from being disclosed in a way that identifies individuals unless disclosure occurs in a... | |
| Idaho Admin. Code r. 16.05.01.175, Report of Disclosures of Health Information | Identifies the disclosures of identifying health information the Department of Health and Welfare must document (e.g., disclosures for public health... | |
| Idaho Admin. Code r. 16.05.01.250, Substance Abuse | Requires the Department of Health and Welfare to comply with 42 C.F.R. Part 2 and state law in regard to the confidentiality of substance use records... | |
| Idaho Code Ann. § 39-2407, Information Confidential | Prohibits the public disclosure of information obtained by the Department of Health and Welfare in the course of licensing home health agencies if... | |
| Idaho Code Ann. § 39-604, Confined and Imprisoned Persons | Requires persons to undergo STD testing upon their imprisonment in a state prison and to receive treatment if testing indicates a disease. Requires... | |
| Idaho Code Ann. § 39-609, Declaration of Policy | Declares that an effective program for the prevention of HIV/AIDS must protect the confidentiality of patient information and limit use of patient... | |
| Idaho Code Ann. § 54-1727, Confidentiality of Prescriptions and Patient Information | Classifies prescriptions, drug orders, records, and other prescription information that identifies patients as confidential. Prohibits disclosure of... | |
| Idaho Code Ann. § 56-222, Misuse of Public Assistance Lists and Records | Prohibits the use or disclosure of information and records regarding public assistance applicants or recipients unless such use or disclosure is... |
| Patient’s right to confidentiality of medical records/medical information | Idaho Admin. Code r. 16.03.07.020, Administration - Governing Body | Requires home health agencies to form a governing body to administer the entity. Specifies the rights that home health agencies must grant to... |
| Idaho Code Ann. § 39-3316, Resident Rights | Grants residents of residential care or assisted living facilities various rights including the rights to file grievances, have privacy in their... | |
| Idaho Code Ann. § 39-609, Declaration of Policy | Declares that an effective program for the prevention of HIV/AIDS must protect the confidentiality of patient information and limit use of patient... | |
| Idaho Code Ann. § 54-5510, Client Protection — Unprofessional Conduct | Defines “unprofessional conduct" by licensed midwives as including violations of a client’s right to privacy, breaches of confidentiality... |
| Disclosure of medical information for research purposes (Cross reference Research) | Idaho Admin. Code r. 16.05.01.191, Data for Research of Other Purposes | Authorizes the Department of Health and Welfare to disclose non-identifying information for research or other purposes with an individual’s... |
| Idaho Code Ann. § 37-2730A, Prescription Tracking Program | Requires the Board of Pharmacy (“board”) to establish a controlled substances prescription tracking program as a means of tracking... | |
| Idaho Code Ann. § 54-1727, Confidentiality of Prescriptions and Patient Information | Classifies prescriptions, drug orders, records, and other prescription information that identifies patients as confidential. Prohibits disclosure of... |
| Violations of confidentiality; penalties | Idaho Admin. Code r. 19.01.01.056, Unprofessional Conduct | Identifies that acts that constitute unprofessional conduct by licensed dentist (e.g., altering patient records, disclosing patient identifying... |
| Idaho Admin. Code r. 24.26.01.450, Unprofessional Conduct | Defines the acts that constitute unprofessional conduct by a licensed midwife ( e.g., breaches of client confidentiality, failure to meet informed... | |
| Idaho Code Ann. § 37-2726, Filing Prescriptions — Database | Requires persons that dispense controlled substances and opioid antagonists to electronically report the dispensing to the Board of Pharmacy (“... | |
| Idaho Code Ann. § 37-2730A, Prescription Tracking Program | Requires the Board of Pharmacy (“board”) to establish a controlled substances prescription tracking program as a means of tracking... | |
| Idaho Code Ann. § 39-1006, Penalty for Violations | Classifies violations of the provisions governing syphilis testing of pregnant persons—including breaches of confidentiality— as... | |
| Idaho Code Ann. § 39-4505, Blood Testing | Permits physicians to order testing of a patient or deceased person’s blood for blood or body fluid transmitted diseases without prior consent... | |
| Idaho Code Ann. § 39-4803, Immunization Registry | Requires the Department of Health and Welfare to create a registry of childhood immunization data. Specifies the information that the registry must... | |
| Idaho Code Ann. § 39-606, Reports | Requires reports to the Director of the Department of Health and Welfare regarding STD cases to include patient names. Permits public health... | |
| Idaho Code Ann. § 39-9506, Penalties and Professional Sanctions | Establishes misdemeanor liability for persons that willfully submit abortion reports with false information or willfully discloses information from... | |
| Idaho Code Ann. § 41-1335, Release of Patient Identifiable Prescription Information Prohibited — Exceptions | Prohibits persons from selling patient identifiable prescription information or including a provision in an insurance policy that authorizes the... | |
| Idaho Code Ann. § 54-1727, Confidentiality of Prescriptions and Patient Information | Classifies prescriptions, drug orders, records, and other prescription information that identifies patients as confidential. Prohibits disclosure of... | |
| Idaho Code Ann. § 54-5510, Client Protection — Unprofessional Conduct | Defines “unprofessional conduct" by licensed midwives as including violations of a client’s right to privacy, breaches of confidentiality... |
| Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) | Idaho Code Ann. § 39-1310, Information | Makes information access by the Department of Health and Welfare — including information that may identify residents or patients—subject... |
| Idaho Code Ann. § 39-1392b, Records Confidential and Privileged | Classifies peer review records as confidential and privileged. Prohibits the discovery or introduction into evidence of such records. Prohibits the... | |
| Idaho Code Ann. § 39-1392d, Property of Health Care Organization | Declares peer review records to be the property of the health care organization that obtains or compiles the record. Permits health care... | |
| Idaho Code Ann. § 39-1392e, Limited Exceptions to Privilege and Confidentiality | Specifies the information that health care organizations must disclose to persons bringing a civil claim against health care provider or facility... |
| Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) | Idaho Code Ann. § 56-209j, Substance Abuse Screening and Testing Programs | Requires the Department of Health and Welfare to implement a substance abuse screening program for temporary assistance applicants. Requires the... |
| Idaho Code Ann. § 56-226, Medicaid Fraud Control Unit | Establishes a Medicaid Fraud Control Unit (“MFCU”) within Idaho’s Office of the Attorney General. Grants the MFCU authority to... |
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