Rule 10 Confidentiality
Rule Text
(a) Governing Law. MHC is governed by Commonwealth and federal laws pertaining to confidentiality, including but not limited to Health Insurance Portability and Accountability Act of 1996, Section 543 of the Public Health Service Act, 42 U.S.C. § 290dd-2, and its implementing regulation, 42 C.F.R Part 2 (confidentiality of substance abuse records).
(b) Authorization. An applicant or participant must authorize disclosure of information to the Team to determine eligibility, treatment, and progress. The consent shall include authorization NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP to conduct research on treatment success, costs, and recidivism rates. The disclosure includes information regarding diagnosis, attendance, scope of treatment, treatment progress, quality of participation, and termination or completion of treatment.
(c) Confidentiality Agreement. Parties and attorneys attending the staffing are obligated to sign a confidentiality agreement. The Judge may allow a person outside of the program to attend hearings if the person agrees in writing to the terms in Section 10.
(d) Disclosure. Disclosure of information in the screening process and in the course of treatment is prohibited unless ordered by the court for good cause.