NAC427A.388. Confidentiality and release of records of recipient.

     1. The records of a recipient are confidential and may only be released to:

     (a) A person who is authorized by the recipient or his or her legal representative pursuant to a signed, written authorization to release information.

     (b) A person who is authorized to view the records of a recipient pursuant to an order of a court of competent jurisdiction.

     (c) An employee of the Division, if the Social Services Manager deems it necessary.

     (d) A member of the staff of an agency that is required by state or federal law to investigate allegations of crimes committed against older persons, persons with mental illness or persons with disabilities if the member of the staff provides:

          (1) A written request for the records; and

          (2) A written authorization to release the records which is signed by the recipient or his or her legal representative.

     (e) A member of the staff of an agency that is required by state or federal law to pursue legal, administrative or other remedies to ensure the rights of older persons, persons with mental illness or persons with disabilities if the member of the staff provides:

          (1) A written request for the records; and

          (2) A written authorization to release the records which is signed by the recipient or his or her legal representative.

     2. The records of a recipient may be released for statistical or evaluative purposes if they are used in such a way that the identity of the recipient is not disclosed.

     3. To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient, for aid, insurance or medical assistance to which the recipient may be entitled, information from the records may be released if the recipient or his or her legal representative has signed a written authorization to release information for such a purpose.

     4. A written authorization to release information is effective until the case to which the information authorized to be released pertains is closed by the Division.

     5. Any review and release of records must comply with the Health Insurance Portability and Accountability Act, 42 U.S.C. §§ 300gg, et seq.

     (Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007; A by Aging & Disability Services Div. by R018-10, 7-22-2010)