Administrative Rule Review Report   #AR08-014

Legislative Service Office

15-Feb-08

AGENCY: Department of Health.

DATE SUBMITTED: February 12, 2008.

SUBJECT: Chapter 1, Information Practices.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         Numerous state and federal statutory provisions require the confidentiality of health-related information.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:       The Department of Health maintains rules governing maintenance of and access to personally identifying health information.  These rules, last amended in 1994, are being updated to reflect current practices and the increasing use of electronic records.  The Agency's Statement of Reasons provides an accurate and complete description of the rule changes, which cover definitions, notice of use and disclosure of information, access requests, correction of records and general guidelines for maintenance of records.

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Dan Pauli

Director

GWL/