Kentucky Statutes 210.235 – Confidential nature of records — Conditions under which records may be disclosed
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All applications and requests for admission and release, and all certifications, records, and reports of the Cabinet for Health and Family Services which directly or indirectly identify a patient or former patient or a person whose hospitalization has been sought, shall be kept confidential and shall not be disclosed by any person, except insofar as:
(1) The person identified or his guardian, if any, shall consent; or
(2) Disclosure may be necessary to carry out the provisions of the Kentucky Revised Statutes, and the rules and regulations of cabinets and agencies of the Commonwealth of Kentucky; or
(3) Disclosure may be necessary to comply with the official inquiries of the departments and agencies of the United States government; or
(4) Disclosure may be necessary for:
(a) Treatment of the patient by any health care provider involved in the patient’s care;
(b) Treatment, payment, or health care operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including disclosure between health care providers through an electronic health information exchange or network; or
(c) Participation by health care providers through an electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations; or
(5) A court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and failure to make such disclosure would be contrary to the public interest. Nothing in this section shall preclude the disclosure, upon proper inquiry of the family or friends of a patient, of information as to the medical condition of the patient.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 12, sec. 1, effective July 15, 2014. — Amended
2005 Ky. Acts ch. 99, sec. 317, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 262, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). — Created 1954 Ky. Acts ch. 12, sec. 1, effective July 1, 1954.
(1) The person identified or his guardian, if any, shall consent; or
Terms Used In Kentucky Statutes 210.235
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 210.005
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(2) Disclosure may be necessary to carry out the provisions of the Kentucky Revised Statutes, and the rules and regulations of cabinets and agencies of the Commonwealth of Kentucky; or
(3) Disclosure may be necessary to comply with the official inquiries of the departments and agencies of the United States government; or
(4) Disclosure may be necessary for:
(a) Treatment of the patient by any health care provider involved in the patient’s care;
(b) Treatment, payment, or health care operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including disclosure between health care providers through an electronic health information exchange or network; or
(c) Participation by health care providers through an electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations; or
(5) A court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and failure to make such disclosure would be contrary to the public interest. Nothing in this section shall preclude the disclosure, upon proper inquiry of the family or friends of a patient, of information as to the medical condition of the patient.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 12, sec. 1, effective July 15, 2014. — Amended
2005 Ky. Acts ch. 99, sec. 317, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 426, sec. 262, effective July 15, 1998. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). — Created 1954 Ky. Acts ch. 12, sec. 1, effective July 1, 1954.