199.033. Records to be confidential--disclosure upon request, certain persons, when--disclosure to be documented.
Records to be confidential--disclosure upon request, certainpersons, when--disclosure to be documented.
199.033. 1. Information and records compiled, obtained,prepared or maintained by the rehabilitation facilities,residential facility or specialized program operated or funded bythe department or otherwise in the course of providing servicesto patients shall be confidential.
2. The facilities or programs shall disclose informationand records to the following upon their request:
(1) The parent of a minor patient;
(2) The guardian or other person having legal custody ofthe patient;
(3) The attorney of a patient who is a ward of the juvenilecourt, an alleged incompetent, an incompetent ward or a persondetained under chapter 632, RSMo, as evidenced by court orders ofthe attorney's appointment;
(4) An attorney or personal physician as authorized by thepatient.
3. The facilities or services may disclose information andrecords under any of the following:
(1) As authorized by the patient;
(2) To persons or agencies responsible for providing healthcare services to such patients;
(3) To the extent necessary for a recipient to make a claimor for a claim to be made on behalf of a recipient for aid orinsurance;
(4) To qualified personnel for the purpose of conductingscientific research, management audits, financial audits, programevaluations or similar studies; provided, that such personnelshall not identify, directly or indirectly, any individualpatient in any report of such research, audit or evaluation, orotherwise disclose patient identities in any manner;
(5) To the courts as necessary for the administration ofthe provisions of sections 199.001 to 199.055;
(6) To law enforcement officers or public health officers,but only to the extent necessary to carry out theresponsibilities of their office, and all such law enforcementand public health officers shall be obligated to keep suchinformation confidential;
(7) Pursuant to an order of a court or administrativeagency of competent jurisdiction;
(8) To the department of social services as necessary toreport or have investigated abuse, neglect, or rights violationsof patients.
4. The facility or program shall document the dates,nature, purposes and recipients of any records disclosed underthis section.
5. Nothing contained in this section shall limit the rightsof discovery in judicial or administrative procedures asotherwise provided for by statute or rule.
(L. 1991 H.B. 218 merged with S.B. 125 & 341)Effective 8-28-91 (H.B. 218) 7-1-92 (S.B. 125 & 341)