2014 Kentucky Revised Statutes CHAPTER 210 - STATE AND REGIONAL MENTAL HEALTH PROGRAMS 210.235 Confidential nature of records -- Conditions under which records may be disclosed.
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210.235 Confidential nature of records -- Conditions under which records
may be disclosed.
All applications and requests for admission and release, and all certifications,
records, and reports of the Cabinet for Health and Family Services which directly or
indirectly identify a patient or former patient or a person whose hospitalization has
been sought, shall be kept confidential and shall not be disclosed by any person,
except insofar as:
(1) The person identified or his guardian, if any, shall consent; or
(2) Disclosure may be necessary to carry out the provisions of the Kentucky
Revised Statutes, and the rules and regulations of cabinets and agencies of
the Commonwealth of Kentucky; or
(3) Disclosure may be necessary to comply with the official inquiries of the
departments and agencies of the United States government; or
(4) Disclosure may be necessary for:
(a) Treatment of the patient by any health care provider involved in the
patient's care;
(b) Treatment, payment, or health care operations under the federal Health
Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191,
including disclosure between health care providers through an electronic
health information exchange or network; or
(c) Participation by health care providers through an electronic health
information exchange or network for the purpose of meeting the
requirements of the American Recovery and Reinvestment Act of 2009,
Pub. L. No. 111-5, and its related federal regulations; or
(5) A court may direct upon its determination that disclosure is necessary for the
conduct of proceedings before it and failure to make such disclosure would be
contrary to the public interest. Nothing in this section shall preclude the
disclosure, upon proper inquiry of the family or friends of a patient, of
information as to the medical condition of the patient.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 12, sec. 1, effective July 15, 2014. -Amended 2005 Ky. Acts ch. 99, sec. 317, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 262, effective July 15, 1998. -- Amended 1974 Ky.
Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1954 Ky. Acts ch. 12, sec. 1,
effective July 1, 1954.
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