Section 2060.350  Confidentiality – Patient Information

a)         The organization shall have written policies and procedures to control access to and use of records and information that are governed by the Confidentiality of Substance Use Disorder Patient Records regulations (42 CFR 2) and Article 30-5(bb) of the Act and to control access to and use of protected health information governed by the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320 et seq., and the regulations promulgated thereunder at 45 CFR 160, 162 and 164.  All policies and procedures shall be consistent with said regulations and statutes and include a standard release form to obtain patient consent for release of confidential information.  Nothing in this Part shall be construed as having the effect of imposing HIPAA requirements on an organization to whom HIPAA does not apply.

b)         The regulations referenced in this Section apply to any records concerning any person who has been a patient, regardless of whether or when that person ceased to be a patient.

c)         When DHS/SUPR requests a record or information subject to the regulations in 42 CFR 2 for audit, evaluation, research, or other authorized purposes, it shall, in writing:

1)         Indicate the purpose for obtaining the information;

2)         Agree to maintain the information in accordance with security requirements of said laws;

3)         Agree to comply with limitations on disclosures in said laws;

4)         Agree to destroy the information upon completion of its use and as and when permitted by the State Records Act [5 ILCS 160]; and

5)         Indicate the authorized personnel to whom such information is to be submitted.

d)         Organizations providing a DUI evaluation or risk education intervention service shall disclose offender information, as allowed by law, as these services are not covered under 42 CFR 2.  However, the informed consent procedures specified in Section 2060.360 shall be utilized to allow for such disclosure to Illinois court officials, the Illinois Office of the Secretary of State, and DHS/SUPR for adjudicating and court monitoring of DUI cases, resolution of driver's license suspensions or revocations, and for monitoring authorized services.