Confidentiality of health information

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36-568.02. Confidentiality of health information

A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to chapter 4 of this title has provided or is providing services to a person and has custody or control of that person's medical or behavioral health records, the plan, provider or institution must provide the following to that person's service provider, relative or other person or agency in whose care the person receiving services is currently placed and to the department's employees who are involved in that person's case management:

1. Medical records.

2. Behavioral health records.

3. Information relating to the person's condition and treatment.

4. The person's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

B. Notwithstanding subsection A, a competent adult or emancipated minor may restrict the release of the adult's or the minor's medical or behavioral health records, or both, and information that is otherwise allowable under state and federal law.


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