Pa. Code 5310.52

Confidentiality

This section establishes confidentiality requirements for Community Residential Rehabilitation Services (CRRS) under 55 Pa. Code Chapter 5310. Operators must keep all client records confidential, disclosing information only under specified exceptions (e.g., treatment team members, court orders, funders, or certification reviewers). Staff, volunteers, and students must receive annual confidentiality training, and client records must be stored in locked containers when not in active use. Written client consent with specific required elements is necessary for any permissible disclosure, with copies retained in the case record.

55 Pa. Code § 5310.52 - Confidentiality 

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(a)
 All client
 records and information are confidential and may not be disclosed directly or
 indirectly without the written consent of the client except: 
 
(1)
 To those persons actively engaged in
 implementing the client's residential or overall treatment plan.

(2)
 To persons using material from client
 records for teaching, training or research purposes, provided the use and
 dissemination of such data does not identify individual clients and a specific,
 written request stating the purpose for the disclosure is approved by the
 Director.

(3)
 To any governmental
 or third party payor which funds in whole or in part the cost of the client's
 care.

(4)
 To reviewers and
 inspectors when necessary to obtain certification as an eligible provider of
 services.

(5)
 Under court
 order.

(6)
 In accordance with other
 applicable Federal and State regulations.

(b)
 Information made available under this
 section must be limited to that information necessary for the purpose for which
 the information is sought.

(c)

 Annually, these confidentiality requirements must be reviewed with all staff,
 volunteers, students, and others, as applicable, and as they enter their
 position or are assigned to the CRRS.

(d)
 The community residential rehabilitation
 service (CRRS) must keep client records within locked storage containers at all
 times when not in active use by program staff.

(e)
 Client written consent is required to
 disclose information from the client's record. The consent form must include
 the: 
(1)
 Date and nature of request for
 information.

(2)
 Name of the
 person, agency or organization to whom disclosure is made.

(3)
 Type of information disclosed.

(4)
 Dated signature of the client.

(5)
 Dated signature of a witness.

(6)
 Expiration date of consent
 form.

(7)
 Statement of the client's
 right to revoke consent.

(f)
 One copy of each signed consent form must
 be given to the client and one copy included in the client's case
 record.

Notes

55

 Pa. Code §
 
5310.52

This section cited in 55 Pa. Code §
 
5310.38
 (relating to notification
 in case of client emergency); 55 Pa. Code §
 
5310.91
 (relating to community
 residential rehabilitation service (CRRS) serving children) and 55 Pa. Code §
 
5310.142
 (relating to
 confidentiality).

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