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Rule Title: PROTECTIVE SERVICES: DISCLOSURE
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: PROTECTIVE SERVICES
Subchapter: Confidentiality of Case Records
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.47.607    PROTECTIVE SERVICES: DISCLOSURE

(1) Case records may be disclosed to those individuals or entities referred to in the applicable provisions of 41-3-205 , MCA.

2) The department may prevent the disclosure of any portions of the case record if:

(a) the disclosure of the information is determined to be detrimental to the child or harmful to any person named in the records, in accordance with 41-3-205 , MCA; or

(b) the disclosure is prohibited by:

(i) the federal Health Insurance Portability and Accountability Act (HIPAA) , found at 42 USC 1320d et seq., and associated federal regulations;

(ii) the Government Health Care Information Act found in Title 50, chapter 16, part 6, MCA; or

(iii) the Montana Criminal Justice Information Act found in Title 44, chapter 5, MCA.

(3) At no time shall the identity of the referral source making the initial referral or providing information in the course of the investigation be shared with the person or persons about whom the referral is made.

(4) Case records will be disclosed to employees if disclosure is necessary for the administration of programs designed to benefit the child deemed to be abused, neglected or exploited.

History: Sec. 41-3-208, MCA; IMP, Sec. 41-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1992 MAR p. 2378, Eff. 10/30/92; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04.


 

 
MAR Notices Effective From Effective To History Notes
10/8/2004 Current History: Sec. 41-3-208, MCA; IMP, Sec. 41-3-205, MCA; NEW, 1987 MAR p. 1980, Eff. 10/30/87; AMD, 1992 MAR p. 2378, Eff. 10/30/92; AMD, 1994 MAR p. 2433, Eff. 8/26/94; TRANS, from DFS, 1998 MAR p. 657; AMD, 2004 MAR p. 2409, Eff. 10/8/04.
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