Idaho Admin. Code r. 16.05.01.051, Authorization for the Use and Disclosure of Confidential Information

Specifies the information that must be included in a written authorization to disclose or use confidential information (e.g., name of the individual, description of the information at issue, party receiving the information, etc.). Defines authorizations as defective if they lack the necessary information, have expired, or have been revoked. Requires authorizations for the disclosure of health information to comply with the additional requirements established in the HIPAA Privacy Rule (45 C.F.R. §164.508(c)(s)). Prohibits use or disclosure of psychotherapy notes maintained apart from an individual’s record without authorization unless disclosure is to the person who made the notes or the Department needs the notes as part of their legal defense against the individual to whom the notes pertain.  Permits individuals or their authorized representatives to revoke authorizations by submitting a revocation request to the Department of Health and Welfare. Requires the Department to provide individuals or their representatives with a copy of the signed authorization.