id-16-0501-2501: Use and Disclosure of Department Records (ZBR Chapter Rewrite)
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Dear Senators VANORDEN, Bjerke, Wintrow, and Representatives VANDER WOUDE, Erickson, Rubel: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Department of Health and Welfare: IDAPA 16.05.01 - Use and Disclosure of Department Records (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 16-0501-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 08/11/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 09/08/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Health & Welfare Committee and the House Health & Welfare Committee FROM: Legislative Drafter - Kyle Slominski DATE: July 24, 2025 SUBJECT: Department of Health and Welfare IDAPA 16.05.01 - Use and Disclosure of Department Records (ZBR Chapter Rewrite)-Proposed Rule (Docket No. 16-0501-2501) Summary and Stated Reasons for the Rule The Idaho Department of Health and Welfare submits notice of proposed rulemaking for use and dis- closure of department records, IDAPA 16.05.01. The Department states that the proposed rulemaking in in accordance with the Zero-Based Regulation Executive Order and strives to prevent the accumulation of costly, ineffective, and outdated regulations and reduce regulatory burden to achieve a more efficient operation of gov- ernment. The Department also states that the proposed changes are intended to comprehensively review this chapter to streamline or simplify the language. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was conducted and that notice was published in the April 2, 2025, Administrative Bulletin, Volume 25-4, pages 29-30. The Department also states that there is no anticipated negative fiscal impact to the general fund. Statutory Authority The Department appears to have authority to promulgate this rule pursuant to sections 39-242, 56-221, 56-1003, and 56-1004, Idaho Code. cc: Department of Health and Welfare Adam Jones *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalyLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE 16.05.01 – USE AND DISCLOSURE OF DEPARTMENT RECORDS DOCKET NO. 16-0501-2501 (ZBR CHAPTER REWRITE) NOTICE OF RULEMAKING – PROPOSED RULE initiated proposed rulemaking procedures. The action is authorized pursuant to Section(s) 39-242, 56-221, 56-222, 56-1003, and 56-1004, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing concerning this rulemaking will be held as follows: VIRTUALTELECONFERENCES Via WebEx Monday, June 9, 2025 9:00 AM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=m65eaa06a89c8aa696eed4edb88030ae2 Join by meeting number Meeting number (access code): 2821 862 0443 Meeting password: gRwyUApY754 Meeting password when dialing from a phone or video system: 47998279 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) Wednesday, June 18, 2025 11:00 AM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=mb80e43040b27d406537522a26cb40aa1 Join by meeting number Meeting number (access code): 2823 759 0089 Meeting password: JutVPKwE949 Meeting password when dialing from a phone or video system: 58887593 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: IdahoAdministrative Bulletin Page 337 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule Under Executive Order 2020-01: Zero-Based Regulation, the Department is striving to prevent the accumulation of costly, ineffective, and outdated regulations and reduce regulatory burden to achieve a more efficient operation of government. The rule changes are intended to perform a comprehensive review of this chapter to streamline or simplify this rule language. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: Fees will not be increased as a result of this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year as a result of this rulemaking: There is not anticipated to be a negative fiscal impact exceeding $10,000. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the April 2nd, 2025 IdahoAdministrative Bulletin, Volume 25-4, pages 29 and 30. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: N/A. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Jared Larsen at DHWRules@dhw.idaho.gov. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before June 25th, 2025. DATED this 2nd day of May, 2025. Jared Larsen Chief, Legislative and RegulatoryAffairs Idaho Department of Health & Welfare 450 W. State Street, 10th Floor P.O. Box 83720 Boise, ID 83720-0036 (208) 334-5500 phone; (208) 334-6558 fax DHWRules@dhw.idaho.gov THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 16-0501-2501 (ZBR Chapter Rewrite) 16.05.01 – USE AND DISCLOSURE OF DEPARTMENT RECORDS 000. LEGALAUTHORITY. Sections 39-242, 56-221, 56-222, 56- 1003, and 56-1004, Idaho Code. (7-1-25) 001. SCOPE. These rules govern the use and disclosure of information maintained by the Department, in compliance with applicable state and federal laws, and federal regulations. (7-1-25) 002. -- 00610. (RESERVED) IdahoAdministrative Bulletin Page 338 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule 007. DISTRICT COURTAPPEALS, COMPLAINTSAND REQUESTS FOR RECONSIDERATION. The confidentiality of health information is defined in part by the Health Insurance Portability andAccountabilityAct (HIPAA), Sections 262 and 264 of Public Law 104-191, 42 USC 1320d, 110 Statutes at Large 2033-4, and 45 CFR Sections 160 and 164. (3-17-22)
01. Appeals to District Court. Anyone who is aggrieved by a denial of disclosure or amendment of a
public record may file an appeal in the appropriate district court in compliance with the Idaho Public Records Act, Title 74, Chapter 1, Idaho Code. (3-17-22)
02. Complaints to Privacy Officer. Individuals who are dissatisfied with a Department decision
regarding confidential information may file a written complaint with the Department’s Privacy Officer. Complaints must be submitted to the Department’s Privacy Officer at the mailing address for the Department’s business office. The Privacy Officer determines if a complaint is valid and makes a recommendation for its resolution to the Department within twenty-eight (28) days after the complaint is received. (3-17-22) a. Secretary of Health and Human Services (HHS). Complaints that involve the use and disclosure of health information may also be submitted to the Secretary of Health and Human Services at the following address: The U.S. Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, DC 20201. (3-17-22) b. Time for filing complaints. Complaints must be filed within one hundred eighty (180) days from the date of the alleged violation. (3-17-22)
03. Request for Reconsideration to Access Health Information. The individual or legal
representative may submit a written request for reconsideration to the Privacy Officer if access to health information is denied. (3-17-22) a. The request for reconsideration must be postmarked no later than twenty-eight (28) days after notice of the denial was mailed. (3-17-22) b. The reconsideration will be conducted by another licensed health care professional who did not participate in the original decision. (3-17-22) c. The Department will notify the individual of the outcome of the review within twenty-eight (28) days after the request is received. (3-17-22) 008. -- 009. (RESERVED) 010. DEFINITIONS.
01. Authorization. A time-limited written consent for the disclosure of confidential information to a
specific individual or entity outside the Department, and outside of normal business processes for providing Department services. (3-17-22)
02. Confidential Information. Information that may only be used or disclosed as provided by state or
federal law, federal regulation, or state rule. (3-17-22)
03. Consent. Permission to use or disclose confidential information. Consent may be inferred from the
circumstances. (3-17-22)
05. Guardian ad Litem. The person appointed by the court, according to law, to protect the interest of
a minor or an incompetent in a case before the court. (3-17-22)
06. Health Information. Identifying information about the past, present or future: (3-17-22)
IdahoAdministrative Bulletin Page 339 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule a. Physical or mental health or condition of an individual; (3-17-22) b. Provision of health care to an individual; or (3-17-22) c. Payment for health care for an individual. (3-17-22)
07. Identifying Information. The name, address, social security number, or other information by
which an individual could be identified. Information may also be identifying without a name, based on the context or circumstances of a disclosure. (3-17-22)
08. Informal Representative. A person who is not a legal representative, but who is a relative, friend,
or other person permitted to communicate with the Department on behalf of an individual. The individual or legal representative may give such permission verbally, in writing, or through their conduct. (3-17-22)
09. Legal Representative. The parent of a minor, a guardian, conservator, attorney, or an individual
who has an appropriate power of attorney. (3-17-22)
10. Minimally Necessary. The information that is essential to provide benefits or services, and to
perform normal business processes of the Department. (3-17-22)
11. Need-to-Know. Confidential information that is necessary to provide benefits or services, and to
perform normal business processes of the Department. (3-17-22)
12. Psychotherapy Notes. Notes recorded in any format by a mental health professional that
documents or analyzes the content of individual or group counseling sessions, and that are separated from the rest of the individual’s medical record. The term “psychotherapy notes” excludes: (3-17-22) a. Medication prescription and monitoring; (3-17-22) b. Counseling session start and stop times; (3-17-22) c. Types and frequencies of treatment furnished; (3-17-22) d. Results of clinical tests; and (3-17-22) e. Any summary of diagnosis, functional status, the treatment plan, symptoms, prognosis and progress to date. (3-17-22) 011. DEFINITIONS FOR VITALSTATISTICS. The definitions provided in Subsection 011 of these rules apply to Vital Statistics and to the disclosure provisions of Section 39-270, Idaho Code. (3-17-22)
01. Authorized Representative.An attorney, physician, funeral director, a legally designated agent, or
an entity whose purpose for obtaining a vital record is to pay direct benefits to a person with a direct and tangible interest defined in Subsection 011.03 of this rule. (3-17-22)( )
02. Certificate. A certificate of birth, death, stillbirth, miscarriage, marriage, or divorce, filed pursuant
to law, excluding information contained in the statistical section of any record. (3-17-22) 032. Individuals with a Direct and Tangible Interest. Individuals who have a direct and tangible interest in a vital record are: (3-17-22) a. The registrant and that person’s spouse, children, parents, grandparents, grandchildren, siblings, or guardian; (3-17-22) b. Any other person who demonstrates that the record is needed for the determination or protection of that person’s property right; (3-17-22) IdahoAdministrative Bulletin Page 340 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule c. An authorized representative of any of these individuals; (3-17-22) d. The surviving next-of-kin if a deceased registrant has no other surviving family member listed in this subsection; (3-17-22) e. The Idaho Attorney General, and state and federal prosecuting attorneys, if such attorney submits an affidavit affirming that the record is necessary in the furtherance of the attorney’s official law enforcement duties, is not reasonably available from another source, and that reasonable steps will be taken to preserve the confidentiality of the record; (3-17-22) f. Any person, upon the order of an Idaho court of competent jurisdiction, where the court finds that disclosure of the record is necessary in the interests of justice; and (3-17-22) g. Any person with the right to control the disposition of remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan as authorized in Section 54-1142(1) Idaho Code, in accordance with Section 39-270(b), Idaho Code. (3-17-22) 043. Parent. Does not include a biological parent an individual whose parental rights have been terminated with respect to a specific child. (3-17-22)( ) 054. Public Health. The science and art practice of: (3-17-22)( ) a. Preventing disease, prolonging life, or promoting health and efficiency through organized community effort for the sanitation of the environment within populations and communities; (3-17-22)( ) b. The cControl of communicable infections; (3-17-22)( ) c. The eEducation of the individual in personal hygiene healthy choices; (3-17-22)( ) d. The organization of medical and nursing services for thePromotion of early diagnosis and preventive treatment prevention of disease; and (3-17-22)( ) e. The development of the social machinery to overall support and participation in systems that ensure everyone a standard of living adequate for the maintenance of health, so organizing these benefits as to enable every citizen to realize their birthright of to maintain health and longevity. (3-17-22)( ) 06. Putative Father. The biological father of a child as identified by himself, the natural mother, an adoption agency, or a court. (3-17-22) 07. Registrar. The state Registrar as defined in Section 39-241(18), Idaho Code. The mailing and street address for the state Registrar is Bureau of Vital Records and Health Statistics, 450 W. State St., 1st Floor, PO Box 83720, Boise, Idaho 83720-0036. (3-17-22) 085. Research. Organized scientific inquiry or examination of data in order to discover and interpret facts. (3-17-22) 096. Statistical Purposes. The collection, analysis, interpretation and presentation of masses of non- identifying numerical information. (3-17-22) 012. -- 049. (RESERVED) GENERAL CONSENTAND DISCLOSURE REQUIREMENTS (Sections 050-199) 050. CONSENT TO GATHER, USE AND DISCLOSE INFORMATION. When individuals, legal representatives or informal representatives sign an application, they consent for the IdahoAdministrative Bulletin Page 341 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule Department to gather, use and disclose information as needed for an individual to receive Department benefits or services. If none of these individuals provides a consent on an application, service may be denied. An informal representative may only consent to the disclosure of confidential information when permitted by these rules. (3-17-22) 051. AUTHORIZATION FOR THE USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION. An authorization for the use and disclosure of confidential information must be in writing, and identify the individual who is the subject of the record. (3-17-22)
01. Content of Authorization. An authorization must be dated and signed by the individual or legal
representative, and: (3-17-22) a. Identify the specific information involved; (3-17-22) b. State the duration of the authorization, defined by a specific date or the description of an event; (3-17-22) c. Identify the recipient of the information; and (3-17-22) d. State the purpose for the authorization, or state that it is, “At the request of the individual,” or similar wording. (3-17-22)
02. Defective Authorization. An authorization must not be acted upon if the authorization has expired
or has been revoked, or if any essential information is omitted or is false. (3-17-22)
03. Authorization for the Use and Disclosure of Health Information. An authorization for the use
and disclosure of health information must contain the content listed in Subsection 051.01 and the statements required by 45 CFR 164.508(c)(2). (3-17-22)
04. Psychotherapy Notes. Psychotherapy notes that are separate from the rest of an individual’s record
may not be used or disclosed without an authorization except to the originator of the notes for treatment or to defend the Department in a legal action brought by the individual. (3-17-22)
05. Revocation of an Authorization. An individual or legal representative may revoke an
authorization at any time by submitting a written request at any Department office. (3-17-22)
06. Effect on Benefits and Services. An individual’s refusal to provide an authorization does not
affect the receipt of benefits or services the individual would otherwise receive. (3-17-22)
07. Copy of Authorization. The Department will provide a copy of the signed authorization to the
individual or legal representative. (3-17-22) 052. -- 074. (RESERVED) 075. USE AND DISCLOSURE OF CONFIDENTIAL INFORMATION. Without a consent or an authorization, no one may use or disclose health or other confidential information except as provided in Section 100 of this chapter. With a consent or an authorization, confidential information will be used or disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the Department’s business and the provision of benefits or services, subject to law and the exceptions listed in these rules. Recipients of information must protect against unauthorized disclosure or use of the information for purposes that are not specified in a consent or an authorization. Access to an individual’s own records is governed by Section 125 of this chapter. Specific consent and disclosure requirements are identified in Sections 200 through 283 of these rules. (3-17-22)
01. Identity. Any individual who requests to review, copy, restrict or amend confidential information,
or to sign an authorization, must provide verification of identity, and where appropriate, present proof that the individual is a legal representative of the subject of the record. Except for verifications or requests for certified copies of vital records, requests submitted by mail must be notarized if necessary to identify the individual's signature. IdahoAdministrative Bulletin Page 342 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule (3-17-22)
02. Order of Court or Hearing Officer. If information is subpoenaed in a civil, criminal or
administrative action, the Department will provide such information as would be disclosed with a public records request, without an order from the court or hearing officer. Alternatively, the Department may submit the record with a request for a review solely by the judge or hearing officer, and an order appropriately limiting its use by the parties. If Department staff have reason to believe that release of a record through a public records request may be detrimental to any individual, the Department may seek a protective order. (3-17-22)
03. Referent. Unless the individual is a witness in litigation, identifying information must not be
disclosed about an individual who reported concerns relating to any Department responsibility, including: (3-17-22) a. Fraud; (3-17-22) b. Abuse, neglect or abandonment of a child; (3-17-22) c. Abuse, neglect or abandonment of a vulnerable adult; (3-17-22) d. Concerns about the mental health of another; and (3-17-22) e. Certified family homes, unless the complainant consents to disclosure in writing or disclosure is required in any administrative or judicial proceeding, in compliance with Section 74-105(16), Idaho Code. (3-17-22)
04. Collateral Contact. Identifying information must not be disclosed about individuals who are not
the subject of the record and who provide information to the Department in the ordinary course of business. (3-17-22)
05. Alternative Communication. The Department, contractors and providers must comply with an
individual’s request that confidential information be communicated by alternative means of delivery unless it is administratively difficult to do so or the request is unreasonable. If approved, all information from a Department program will use the same alternative means of delivery after the request is received and recorded. (3-17-22)
06. Restriction on Disclosure of Health Information. (3-17-22)
a. An individual may request in writing that use or disclosure of health information be restricted. The Department will respond in writing, and may deny the request if: (3-17-22) i. Disclosure is required; (3-17-22) ii. Necessary for the safety of the individual or others; (3-17-22) iii. Necessary for the provision of services, benefits or payment; or (3-17-22) iv. The restriction is unreasonable. (3-17-22) b. The uses and disclosures of confidential information are subject to a restriction after it is received and recorded by the Department. Department employees, contractors, and the individual may request the Department to terminate the restriction. The Department will notify the individual of its response to a request to terminate a restriction. (3-17-22)
07. Discovery. Records will be provided only in response to valid discovery in any federal or state
criminal, civil or administrative proceeding, as required by the Public RecordsAct, Section 74-115(3), Idaho Code. (3-17-22) 076. -- 099. (RESERVED) 100. EXCEPTIONS TO REQUIREMENT FORAUTHORIZATION. IdahoAdministrative Bulletin Page 343 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule Confidential information will be released without an authorization to individuals and entities in compliance with a court order, or if they are legally authorized to receive it. The following are exceptions to the requirement for an authorization: (3-17-22)
01. Advocates and Guardians. Federally-recognized protection and advocacy agencies or duly
appointed guardians ad litem have access to an individual’s file as necessary to perform their legal functions. Guardians ad litem have access to records as provided in Section 16-1634, Idaho Code, except for: (3-17-22) a. Drug abuse and sickle cell anemia records maintained by the Veteran’s Administration (VA), as required by 38 USC Section 7332; (3-17-22) b. Claims under laws administered by the VA as required by 38 USC Section 3301; and (3-17-22) c. Drug abuse prevention programs that receive federal assistance, as required by 42 USC Section 290ee - 3. (3-17-22)
02. Licensure. In compliance with Section 74-106(9), Idaho Code, records will be released if they are
part of an inquiry into an individual's or organization's fitness to be granted or retain a license, certificate, permit, privilege, commission or position. These records will otherwise be provided in redacted form as required by law or rule. (3-17-22)
03. Fugitives and Missing Persons. (3-17-22)
a. A state or local law enforcement officer may receive the current address of any cash assistance recipient who is a fugitive felon, in compliance with Section 56-221, Idaho Code. (3-17-22) b. The following health information may be disclosed to a law enforcement officer for the purpose of identifying or locating a suspect, fugitive, material witness or missing person: (3-17-22) i. Name and address; (3-17-22) ii. Date and place of birth; (3-17-22) iii. Social security number; (3-17-22) iv. Blood type and rh factor; (3-17-22) v. Type of injury; (3-17-22) vi. Date and time of treatment or death, if applicable; and (3-17-22) vii. Distinguishing physical characteristics. (3-17-22) c. DNA, dental records, or typing, samples or analysis of body fluids or tissue must not be disclosed. (3-17-22)
04. Duty to Warn or Report. Confidential information may be released without an authorization if
necessary under a legal duty to warn or to report. (3-17-22)
05. Department Business, Monitoring and Legal Functions. Department employees and contractors
may use and disclose records as necessary to perform normal business functions, including health treatment, audit and quality improvement, investigation of fraud and abuse, establishment of overpayments and recoupment, public health, or other functions authorized by law. Information will be made available to state and federal auditors and compliance monitors. Confidential information will be provided to counsel as needed to evaluate, prepare for and represent the Department in legal actions. (3-17-22)
06. Emergencies. Confidential information may be disclosed to qualified medical personnel to the
IdahoAdministrative Bulletin Page 344 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule extent necessary to respond to a medical emergency that requires immediate attention. (3-17-22)
07. Multidisciplinary Staffing. Confidential information may be disclosed to employees of the
Department, law enforcement, and other appropriate individuals to participate in a multidisciplinary team evaluation of child protection cases under Section 16-1617, Idaho Code, or interdisciplinary Department staffing of services for an individual. All individuals who participate in such staffing must not redisclose the information and must comply with any other pertinent statute, rule or regulation. (3-17-22)
08. Collaborative Staffing. Confidential information may be disclosed in staffing by the Department
and other individuals or entities if all participants are involved with the same or similar populations and have an equal obligation or promise to maintain confidentiality. Disclosure of information in inter-agency staffing must be necessary to coordinate benefits or services, or to improve administration and management of the services. Confidential information may be disclosed only on a need-to-know basis and to the extent minimally necessary for the conduct of the staffing.All individuals who participate in such staffing must not redisclose the information except in compliance with any other pertinent statute, rule or regulation. (3-17-22)
09. Elected State Official. As provided by Section 16-1629(6), Idaho Code, any duly elected state
official carrying out their official functions may have access to child protection records of the Department, and must not redisclose the information. (3-17-22)
10. Child Protection Agency. A legally mandated child protection agency may provide information
necessary to investigate a report of known or suspected child abuse or neglect, or to treat a child and family who are the subjects of the record. (3-17-22)
11. Legally Authorized Agency. An agency will be provided appropriate information if the agency is
legally responsible for or authorized to care for, treat or supervise a child who is the subject of the record. (3-17-22)
12. Informal Representatives. Informal representatives may be permitted to receive and deliver
information on behalf of an individual, and may be given health information if the informal representative is directly involved with the individual’s care. Confidential information may be withheld in whole or part if professional staff determines that disclosure is not in the best interest of the individual, based on the circumstances and their professional judgment. The Department will not disclose information that is prohibited from being disclosed by these rules or any other legal requirement. (3-17-22)
13. Law Enforcement. Any federal, state, or local law enforcement agency, or any agent of such
agency, may be permitted access to information as needed in order to carry out its responsibilities under law to protect children from abuse, neglect, or abandonment. (3-17-22) 101. ABUSE, NEGLECT, OR DOMESTIC VIOLENCE. Health information may be disclosed to a law enforcement officer if the victim of abuse, neglect, or domestic violence agrees to the disclosure. (3-17-22)
01. Incapacity of Victim. If the victim is unable to agree because of incapacity, health information will
be disclosed if the officer states: (3-17-22) a. That the information is not intended to be used against the victim; and (3-17-22) b. That immediate enforcement activity would be materially and adversely affected by waiting for the victim’s agreement. (3-17-22)
02. Judgment of Professional Staff. The victim must be promptly informed that a report to law
enforcement has been or will be made unless in the judgment of professional staff: (3-17-22) a. Informing the victim would place them at risk of serious harm; or (3-17-22) b. The probable perpetrator of the abuse, neglect or domestic violence would be the recipient of the report, and disclosure would not be in the victim’s best interest. (3-17-22) IdahoAdministrative Bulletin Page 345 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule 102. VICTIM OF OTHER CRIME. Health information may be disclosed in response to a law enforcement official’s request about a victim or suspected victim of a crime other than those listed in Section 101 of these rules, if the individual agrees to the disclosure. (3-17-22)
01. Incapacity of Victim or Emergency Circumstance. If the individual is unable to agree because of
incapacity or emergency circumstance, health information will be disclosed if the official states that the information is needed to determine whether a violation of law has occurred, and that it is not intended to be used against the individual. (3-17-22)
02. Best Interest of the Individual. The officer must also represent that immediate enforcement
activity would be materially and adversely affected by waiting for the individual’s agreement. Professional staff must agree that disclosure is in the best interest of the individual. (3-17-22) 103. SERIOUS THREAT TO HEALTH OR SAFETY. Subject to the restrictions in this rule, health information may be used or disclosed if necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public. Disclosure must be based on actual knowledge or credible information from a person with apparent knowledge or authority. Disclosure will be made only to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (3-17-22)
01. Apprehension by Law Enforcement. Health information may be disclosed as necessary to law
enforcement to identify or apprehend an individual. Disclosure is limited to an admission that an individual participated in a violent crime if it is reasonable to believe that serious physical harm has been caused to the victim. (3-17-22)
02. Escape From Law Enforcement. Health information may be disclosed as necessary for law
enforcement to identify or apprehend an individual where it appears from all the circumstances that the individual has escaped from a correctional institution or lawful custody. (3-17-22)
03. Prohibition on Disclosure. Disclosure of an admission of participation in a violent crime is
prohibited if the information is learned in the course of treatment to affect the individual’s tendency to commit the criminal conduct, or through a request by the individual to initiate such treatment. (3-17-22) 104. REPORTING OF CRIME ON PREMISES. Health information may be disclosed to a law enforcement official if the information constitutes evidence of criminal conduct that occurred on the Department’s premises. (3-17-22) 105. REPORTING CRIME IN EMERGENCIES. If a Department employee is providing emergency health care off the Department’s premises, health information may be disclosed if necessary to alert law enforcement to a crime; the location of the crime or victim; and the identity, description and location of the perpetrator. If the crime involves abuse, neglect or domestic violence, the requirements of Section 101 of this chapter apply. (3-17-22) 106. -- 124. (RESERVED) 125. ACCESS TOAN INDIVIDUAL’S OWN RECORD. An individual who is at least fourteen (14) years old, or a legal representative, may review and obtain a copy of Department records that pertain to the individual, subject to the exceptions listed in Subsections 125.01 through 125.04 of these rules. Requests must be in writing, identifying the individual whose record is sought, and the record or information requested. The principles of disclosing only minimally necessary information on a need-to-know basis do not apply to a request for an individual’s own records. The following information must not be disclosed:(3-17-22)
01. Children’s Mental Health. Records of a child’s mental health services must not be disclosed to the
child when a physician or other mental health professional has noted that disclosure would be damaging to the child, unless access is ordered by a court according to Section 16-2428, Idaho Code. (3-17-22) IdahoAdministrative Bulletin Page 346 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule
02. Legal Action. No disclosure will be made to an individual of information compiled in an ongoing
investigation, that is exempt from disclosure, or that relates to adoption. Information compiled in reasonable anticipation of litigation that is not otherwise discoverable must not be disclosed. Information compiled for use in a civil, criminal, or administrative proceeding to which the individual is a party must not be disclosed except in compliance with valid discovery. (3-17-22)
03. Clinical Laboratories. There will be no disclosure of information maintained by a clinical
laboratory except as authorized by the provider who ordered the test or study, in compliance with 42 USC 263a. (3-17-22)
04. Confidential Information. Health and other confidential information will not be disclosed to the
individual if a licensed professional in an appropriate discipline determines that disclosure is likely to endanger the life or physical safety of the individual or another person. Disclosure to a legal representative will be denied if there is a professional determination that access by the representative is likely to cause substantial harm to the subject of the record or another person. (3-17-22) 126. -- 149. (RESERVED) 150. AMENDMENT OF RECORD. Unless otherwise provided by law, individuals may request in writing to amend the content of a record created by the Department. The Department will respond in writing within ten (10) days, granting or denying the amendment. A record created by a third party will not be amended by the Department. (3-17-22)
01. Amendment of Health Information. Once an amendment regarding health information is
approved and recorded, the Department will provide the amended health information when the record is disclosed in the future. If an amendment of health information is denied, the individual may provide a written response, which the Department may rebut in writing to the individual. Upon request, documentation of all the records involved in the denial will be provided whenever that information is disclosed in the future. (3-17-22)
02. Updating Identifying Information. Name and address changes, and similar updates of
information in Department files will be made without using the amendment process. (3-17-22) 151. -- 174. (RESERVED) 175. REPORT OF DISCLOSURES OF HEALTH INFORMATION.
01. Documented Disclosures. The following disclosures of identifying health information for a
purpose other than providing health treatment, payment or operations will be documented: (3-17-22) a. Required by law; (3-17-22) b. Public health activities; (3-17-22) c. Related to victims of abuse, neglect or domestic violence; (3-17-22) d. Health care oversight; (3-17-22) e. Judicial and administrative proceedings; (3-17-22) f. Correctional institutions or custodial law enforcement situations; (3-17-22) g. Coroners, medical examiners, and funeral directors; (3-17-22) h. Organ or tissue donations; (3-17-22) i. Research; (3-17-22) IdahoAdministrative Bulletin Page 347 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule j. To avert a serious threat of health and safety; and (3-17-22) k. Specialized government functions such as national security or intelligence. (3-17-22)
02. Documentation of Disclosure. Documentation will identify when the disclosure occurred, to
whom, what information was disclosed and for what purpose. (3-17-22)
03. Maintenance of Documentation. The Department maintains documentation of these disclosures
of health information for six (6) years. (3-17-22)
04. Request for Report of Disclosures. An individual or legal representative may receive one (1) free
report of disclosures per calendar year for six (6) years beginning April 14, 2003. Additional requests for a report of disclosures are processed as public record requests, and may be subject to fees. (3-17-22)
05. Pending Investigation. The Department must suspend reporting of a disclosure of health
information at the request of any federal, state or local entity that is conducting an investigation related to the oversight of health care, illegal discrimination, licensing, certification or accreditation. If the request is verbal, the suspension will terminate after thirty (30) days unless the request is renewed in writing. (3-17-22) 176. -- 189. (RESERVED) 190. RECORDS OF DECEDENTS. Records of decedents are confidential for as long as the Department maintains the records, except as needed by: (3-17-22)
02. Coroners and Medical Examiners. Information may be given to a coroner or medical examiner
for the purpose of identifying a deceased person, determining a cause of death, or other duties as authorized by law. (3-17-22)
03. Funeral Directors. Confidential information may be given to funeral directors, consistent with
applicable law, as necessary to carry out their duties with respect to the decedent. If necessary to carry out their duties, confidential information may be disclosed to funeral directors prior to and in reasonable anticipation of the individual's death. (3-17-22)
04. Personal Representatives. While records are maintained, the same confidentiality requirements
apply to the personal representative of the estate or other legal representative of the deceased individual. Information may be disclosed to such representatives only to the extent necessary to perform their legal function, (3-17-22)
05. Family Members and Others. The Department may disclose health information to a family
member, other relative, a close personal friend of the deceased individual, or any other person identified by the deceased individual. Information provided must be directly related to such person’s involvement with the individual’s care or payment for health care prior to the individual’s death, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the Department. (3-17-22) 191. DATA FOR RESEARCH OR OTHER PURPOSES. Records that contain non-identifying information may be disclosed for Department-approved research or other purposes without a written authorization. (3-17-22) 192. -- 199. (RESERVED) SPECIFIC CONSENTAND DISCLOSURE REQUIREMENTS (Sections 200-283) 200. ABORTION FOR MINORS. IdahoAdministrative Bulletin Page 348 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule Consent for an abortion for a minor is governed by Section 18-609A, Idaho Code. (3-17-22) 201. ABUSE, NEGLECT OR DOMESTIC VIOLENCE. Abuse, abandonment or neglect of a minor is required to be reported in compliance with Section 16-1605, Idaho Code. Abuse, neglect or exploitation of adults is governed by Section 39-5303, Idaho Code. An exception to the physician/patient privilege for domestic violence is contained in Section 9-203, Idaho Code. (3-17-22) 202. ADOPTION. Disclosure of adoption records is governed by the provisions of Sections 74-105(6), 16-1501, 39-258, 39-259A, and 39-7501 through 39-7905, Idaho Code. Consent to adoption by children who are more than twelve (12) years old, by parents and by others, is governed by Section 16-1504, Idaho Code. (3-17-22) 203. -- 209. (RESERVED) 210. CHILD PROTECTION. It shall be the policy of the Idaho Department of Health and Welfare to provide information to the maximum extent possible to carry out the department’s responsibility under law to protect children from abuse and neglect and to facilitate child and family services. The Department, upon request will disclose information from child protection records in its possession pursuant to Section 74-105(7), Idaho Code. Disclosure of Department records under the Child ProtectiveAct is governed by Section 16-1629(6), Idaho Code, and Idaho CourtAdministrative Rule 32. Court records of Child ProtectiveAct proceedings are governed by Section 16-1626, Idaho Code. Pertinent federal laws and regulations include 42 USC 5106a. (7-1-25)
01. Child Fatalities. In accordance with 42 USC 5106a(b)(2)(B)(x), the Department will disclose non-
identifying summary information to the Statewide Child Fatality Review Team, established by the Governor’s Task Force on Children at Risk, regarding child fatalities that were determined to be the result of abuse, neglect, or abandonment. (3-17-22)
02. Public Disclosure. The Department has the discretion to disclose child-specific information under
this rule when the disclosure is not in conflict with the child’s best interests and one (1) or more of the following applies: (3-17-22) a. Identifying information related to child-specific abuse, neglect, or abandonment has been previously published or broadcast through the media; (3-17-22) b. All or part of the child-specific information has been publicly disclosed in a judicial proceeding; or (3-17-22) c. The disclosure of information clarifies actions taken by the Department on a specific case. (3-17-22) 211. CHILDREN’S MENTAL HEALTH. Consent to voluntary treatment for a minor with serious emotional disturbance, emergency and involuntary treatment are governed by the Children’s Mental Health ServicesAct, Title 16, Chapter 24, Idaho Code. Section 16-2428, Idaho Code, describes requirements for confidentiality. (3-17-22) 212. -- 219. (RESERVED) 220. HARD TO PLACE CHILDREN. The Department disseminates information to prospective adoptive families and families who wish to be appointed legal guardians of a child in the state’s custody, as to the availability of hard-to-place children, adoption and guardianship procedures, and the existence of financial aid to adoptive families and guardians of hard-to-place children, in compliance with Section 56-804, Idaho Code. (3-17-22) 221. HOSPITALRECORDS. Records of hospitalization in a state facility are governed by Sections 39-1392b, 39-1392e and 39-1394, Idaho Code. (3-17-22) IdahoAdministrative Bulletin Page 349 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule 222. HUMAN RESOURCES. Disclosure of employee information is governed by Section 74-106(1), Idaho Code. (3-17-22) 223. INFANT/TODDLER PROGRAM. Consent to early intervention services and confidentiality of records that relate to the Infant/Toddler program are governed by the Individuals with Disabilities Education Act (IDEA), 20 USC 1414(a)(1)(C) and (c)(3), and 20 USC 1415(b)(3); the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g; and 34 CFR 303.400, 34 CFR 303.500 and 34 CFR part 99. (3-17-22) 224. -- 229. (RESERVED) 230. MEDICAL CARE. Consent to apply for services or treatment is governed by Title 39, Chapter 45, Idaho Code, for hospital, medical, dental or surgical care, treatment or procedure. (3-17-22) 231. -- 239. (RESERVED) 240. MENTALILLNESS. Records of assessment, treatment, and commitment or hospitalization of individuals with mental illness are governed by Sections 66-318, 66-348, 66-355, 66-329(9), and 66-337, Idaho Code. (3-17-22) 241. MINOR’S CONSENT REGARDING INFECTIOUS, CONTAGIOUS OR COMMUNICABLE DISEASE. Section 39-3801, Idaho Code, governs consent to treatment for infectious, contagious or communicable disease by a minor who is at least fourteen (14) years of age. (3-17-22) 242. SPECIFIC REQUIREMENTS - PROTECTION ANDADVOCACYAGENCIES. Aprotection and advocacy system for individuals who have a developmental disability is created by 42 USC 15042 et seq.; for individuals with mental illness, by 42 USC 10801. Advocacy for adult protection is governed by Sections 39-5307 and 39-5308, Idaho Code. (3-17-22) 243. -- 249. (RESERVED) 250. SUBSTANCE ABUSE. Consent to treatment and confidentiality of alcohol and drug abuse patient records are governed by 42 CFR 2.12 through 2.67, and Sections 37-2743, 37-3102, 39-307, and 39-308, Idaho Code. (3-17-22)
01. Drug Abuse. A medical practitioner will not disclose identifying information, treatment or request
for treatment, to any law enforcement officer or agency or in any proceeding, in compliance with Sections 37-2743 and 37-3102, Idaho Code. (3-17-22)
02. Age Sixteen and Over. Information regarding substance abuse treatment of an individual who is at
least age sixteen (16) years old will not be disclosed to a parent or guardian unless authorized by the individual, in compliance with Section 37-3102, Idaho Code, and 42 CFR 2.14. Individuals who are at least sixteen (16) years old may consent to substance abuse treatment. (3-17-22) 251. -- 259. (RESERVED) 260. TERMINATION OF PARENTALRIGHTS. Disclosure of information regarding the termination of parental rights is governed by Section 16-2013, Idaho Code. (3-17-22) 261. -- 269. (RESERVED) 270. VENEREAL DISEASES. Disclosures of health information pertaining to the control of venereal diseases, including Human Immunodeficiency IdahoAdministrative Bulletin Page 350 June 4, 2025 – Vol. 25-6 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0501-2501 Use and Disclosure of Department Records ZBR Proposed Rule Virus (HIV), is governed by Title 39, Chapter 6, Idaho Code. (3-17-22) 271. -- 279. (RESERVED) 280. VITAL STATISTICS -- VERIFICATION OF DATA.
01. Verifications. The Registrar will confirm or deny the presence and accuracy of data already known
to a governmental agency that requests information from a vital record. Such verifications may be conducted by telephone for Idaho state agencies. Other requests for verification require a signed application on forms provided or approved by the Registrar, and a copy of the front and back of signed photo identification or such other information as the Registrar requests. Verifications may also be conducted via Department automated systems approved by the Registrar. (3-17-22)
02. Administrative Fact of Death Verifications. Upon agreement in writing to such conditions as the
Registrar may impose, the Registrar may compare Idaho state agency administrative data to Idaho death data and return an indication of death, also known as fact of death verification, for administrative purposes only. (3-17-22)
03. Verifications to Protect a Person’s Property Right. The State Registrar may approve electronic
fact of death verification by entities seeking to determine or protect a person’s property right. (3-17-22) 281. VITAL STATISTICS: DISCLOSURE FOR RESEARCH, PUBLIC HEALTH OR STATISTICAL PURPOSES. Upon agreement in writing to such conditions as the Registrar may impose, the Registrar may permit the use of data from vital statistics records for research, public health or statistical purposes. The Registrar may deny a request for access to identifying information if the Registrar determines that the benefits would be outweighed by the possible adverse consequences to those individuals whose records would be used. (3-17-22) 282. VITAL STATISTICS: REGISTRY OF PUTATIVE FATHERS. Except by Idaho court order or in accordance with the provisions of Section 16-1513, Idaho Code, information acquired by the confidential registry of putative fathers will not be disclosed. (3-17-22) 282. (RESERVED) 283. VITAL STATISTICS: PROCEDURES FOR REQUESTING INFORMATION. Individuals who request access to, information from, or copies of vital records must present a signed application on forms provided or approved by the Registrar, and a copy of the front and back of signed photo identification or such other information as the Registrar requests. Minors who are less than fourteen (14) years old may receive certified copies of vital records that pertain to them if they present the required information. (3-17-22)( )
01. Expedited Copy. An expedited certified copy of a vital record may be issued using Department
automated systems. (3-17-22)
02. Certified Copy. When a certified copy is issued, it is certified as a true copy or abstract of the
original vital record by the officer who has custody of the record Registrar. The certified copy will include the date issued, the Registrar's signature or an authorized facsimile thereof, and the seal of the issuing office and excluding information contained in the statistical section of any record. Full or short form certified copies of vital records may be made by mechanical, electronic or other reproduction processes issued. (3-17-22)( ) 284. WOMEN, INFANTSAND CHILDREN (WIC) PROGRAM. WIC information may be used and disclosed only for the purpose of establishing the eligibility of WIC applicants and participants for health and welfare programs. (3-17-22) 2854. -- 999. (RESERVED) IdahoAdministrative Bulletin Page 351 June 4, 2025 – Vol. 25-6
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- Full text (state register) · April 02, 2025
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