Federal Regulations related to Confidentiality – Health Insurance Portability and Accountability Act (HIPAA) – Effective April 14, 2003 HIPAA privacy regulations established that personal information must be kept confidential and, safeguard the privacy and confidentiality of consumer health information. The regulations specific to APS are 45 CFR 164.508 and 45 CFR 164.512. Additional Department for Children and Families (DCF) policy material is found in the HIPAA Policy as published at: http://dcf.ks.gov/Agency/Pages/HIPPA%20Overview.aspx.
General Principle – All case records are presumed confidential and should not be revealed to other parties without a specific release from the involved adult naming who can receive information and what may be revealed in a specific time frame. This would include information requested by attorneys and other agencies. However, there are situations in which an APS Specialist is not able to obtain a signed release form, and may need to share certain information with providers or other community helpers in order to benefit the involved adult. In this situation, the APS Specialist is to share only the information necessary to help the involved adult. Prior to sharing this information, the APS Specialist shall consult with the Regional attorney and follow instructions regarding the method of sharing the information.
Information Gathering – Kansas Statutes give DCF the authority to contact other agencies, individuals, and professionals to gather the information necessary to complete an investigation. Whenever possible, the APS Specialist should attempt to have the client or, his or her guardian sign a consent form. When interviewing collaterals, the APS Specialist is to ask only that which is necessary to obtain the required information. The APS Specialist shall at all times take steps to protect client confidentiality. Information is shared with collaterals only on a need to know basis.