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BDS Confidentiality Training
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Exceptions (2 of 4) There are 12 categories of Possible Exceptions. 1) EMERGENCY includes
any situation where there is clear imminent threat or
danger to a person. In an emergency or when there is suspected abuse or neglect,
necessary information may be released without the person's consent. This is
limited only to that information necessary to accomplish the purpose of
disclosure. Examples of emergencies include: There is an Emergency Disclosure form which may be used to document such disclosures. 2) INVOLUNTARY ADMISSION (commonly referred to as Blue Papers) requires sufficient information to justify admission. 3) MANDATORY REPORTING of abuse/neglect supercedes confidentiality. This applies whether the person is a victim or perpetrator. Substance abuse programs can make an initial report of the abuse without an authorization, but any further information will require a specific authorization. 4) If BDS is asking DHS to become GUARDIAN OR CONSERVATOR, we need to provide some basic information. As always, it’s best to obtain approval, if possible. 5) FOR PURPOSES OF REIMBURSEMENT - BDS may release information without a signed authorization for payment purposes such as billing MaineCare, Medicare, or other insurers . 6) SPOUSE OR NEXT OF KIN may be given general information about a person’s physical condition or mental status (for example, "John's condition is stable".) unless the person has restricted disclosure of this information. 7) CARETAKER: See 34B MRSA 1207.5, A-D for details of circumstances under which detailed information may be given to a caretaker without a signed release. 8) COURT ORDER: Refer to the "Court Proceedings" section of the Guidelines. A subpoena issued by an attorney or administrative agency is not a court order. 9) WITHIN A LOCAL SERVICE NETWORK (LSN): The LSN exception applies to sharing of information among members of an individual’s treatment team. It does not allow wholesale sharing of information between agencies. Federal Substance Abuse law allows for "Qualified Service Agreements" among substance abuse programs. 10) INTERNAL OPERATIONS: In addition to payment, BDS may also share information internally as needed for treatment and health care operations, including planning and administrative purposes. Still, information should always be limited to a legitimate "need to know" and the minimum necessary. 11) AS OTHERWISE REQUIRED BY LAW: This includes reporting criminal activity or reporting certain diseases to public health officials. Substance abuse programs have specific limits regarding reporting criminal activity. 12) RESEARCH must be approved by an Institutional Review Board and requires informed consent for participation. No identifiable information is allowed in research reports. Researchers are required to sign "Non-Employee Understanding of Confidentiality" form. |
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