This section requires Mental Health Community Residential Facilities (MHCRFs) to keep each resident's records confidential and stored securely on-site. Disclosure of mental health information and residents' access to their own records must comply with the DC Mental Health Information Act, HIPAA, and applicable federal and District law. Any resident-authorized release of information must be documented using the Department's prescribed authorization form, retained in the resident's file, and conform to applicable privacy laws.
View official source3847 CONFIDENTIALITY OF RECORDS 3847.1 Each resident’s record and any record maintained by the MHCRF that has information identifying a resident shall be confidential and maintained in a secure location at the MHCRF. 3847.2 Disclosure and re-disclosure of information pertaining to a resident’s mental health and a resident’s access to his or her own records shall be governed by the Mental Health Information Act, HIPAA, and any other District or federal law or regulation governing mental health or other health records. 3847.3 If a resident authorizes release of information to a third party, a copy of the resident’s written authorization on the form prescribed by the Department shall be maintained in the resident’s records and shall conform to the Mental Health Information Act and HIPAA. SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 3847