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Committee approves rewrite of department records rules; department stresses statute and HIPAA govern disclosures
Summary
The committee approved a rewrite of rules on use and disclosure of department records; the department said decisions on what to release are governed by statute and HIPAA and the rewrite removes guidebook-style text.
Jared Larson presented a docket that reorganizes and shortens rules governing use and disclosure of department records. He emphasized the department cannot impose limits beyond what state law or federal law allows and that the intent is to remove guidebook-style content from rule language.
"The department does not have the ability to restrict records. We only have the ability to restrict access to records," Larson said, adding the Idaho Public Records Act and HIPAA provide the governing framework for disclosure decisions. The committee moved to approve the rewrite and the motion carried.
Larson said the revised rule text aims to precisely state the authorities governing records processing while leaving substantive access decisions to statute and established law. Committee members were reminded they can request a rule be pulled for further review at any time.
