(1) Confidential information, for purposes of this chapter, includes the following information about any applicant or client:

(a) name, address, and phone number;

(b) the amount or type of services provided;

(c) information related to the social and economic conditions or circumstances;

(d) agency evaluation of information;

(e) medical data, including diagnosis, treatment, and past history of disease or disability;

(f) educational, training, habilitation or any similar data;

(g) any of the above information pertaining to the immediate family members.

(2) The department and the provider shall not disclose confidential information concerning any applicant or client except to department staff and providers who assist in eligibility determination, referral or the provision of services to the applicant or client.

(3) Information, as specified, may be disclosed upon the written consent of:

(a) the applicant or client if a legally competent adult; or

(b) the client's parents, if legally responsible for the applicant or client, or the legal guardian of the applicant or client.

(4) Information may be disclosed if it is in summary, statistical, or any other form which does not identify and cannot be used to identify any applicant or client.

(5) Information may be disclosed pursuant to a court order issued by a court of competent jurisdiction, to the extent required by the court order.

(6) Information may be disclosed to the extent required to take immediate life-saving measures.

(7) Information may be disclosed to the extent required by federal or state law.

(8) The provisions of the department's confidentiality policy, except where contrary to a specific provision of this rule, provide the standards for the protection, management and release of confidential information. The department's confidentiality policy, adopted October 1, 1988, and published in the Department of Social and Rehabilitation Services Policy Manual ADM 102 is hereby adopted and incorporated by reference. Copies of the policy may be obtained from the Department of Public Health and Human Services, Office of Legal Affairs, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.