Arizona Laws 36-568.01. Confidentiality of records
A. All information obtained and records prepared in the course of providing any services under this chapter to clients shall be confidential and privileged matter. Such information and records may be disclosed only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (Title 45 of the Code of Federal Regulations, Part 160 and part 164, subpart E), or pursuant to the following:
Terms Used In Arizona Laws 36-568.01
- Client: means a person receiving developmental disabilities services from the department. See Arizona Laws 36-551
- Consent: means voluntary informed consent. See Arizona Laws 36-551
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Responsible person: means the parent or guardian of a minor with a developmental disability, the guardian of an adult with a developmental disability or an adult with a developmental disability who is a client or an applicant for whom no guardian has been appointed. See Arizona Laws 36-551
- Subpoena: A command to a witness to appear and give testimony.
- Writing: includes printing. See Arizona Laws 1-215
1. When the responsible person designates in writing persons to whom records or information may be disclosed.
2. To the extent necessary to make claims on behalf of a client for aid, insurance or medical assistance to which the client may be entitled.
3. Pursuant to a court order.
4. In communications between professional persons in providing services or appropriate referrals.
5. When such a disclosure is necessary to protect against a clear and substantial risk of imminent serious injury.
6. To the superior court when a petition to establish guardianship for the person is filed pursuant to Title 14, Chapter 5.
7. To other state agencies or bodies for official purposes. In such cases, information or records shall be released without the designation of the name of the client, unless the name is required for the official purposes of state agencies or bodies requesting such information. Such case information received by a state agency or body shall be maintained as confidential unless a consent to release has been given as provided in this section.
8. To a law enforcement agency or a county medical examiner in the performance of official duties, unless the records requested relate to a person who is the subject of a criminal investigation, in which case the records may only be released pursuant to a court order or grand jury subpoena. A person shall maintain information provided to a law enforcement agency or a county medical examiner under this paragraph as confidential unless a consent to release has been given pursuant to this section or pursuant to a court order or grand jury subpoena.
B. The person to whom information has been released pursuant to subsection A of this section is prohibited from using or releasing such information except in the proper performance of the person’s duties or as otherwise authorized by state or federal law, including the health insurance portability and accountability act privacy standards (Title 45 of the Code of Federal Regulations, Part 160 and part 164, subpart E).