The purpose of this catalog of confidentiality laws is to develop and maintain an information sharing guide setting forth state and federal laws governing the release of educational, juvenile justice, adult correctional, mental health treatment, substance abuse treatment and health care information. This catalog is not intended to provide legal advice. Please contact XXXXXXX regarding any additions or corrections to this guide.

Type keywords or a report type into the filter field to search for relevant confidentiality law citations.


Public Service Agency Records Citation Description
Addictions and Mental Health Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Addictions and Mental Health Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Addictions and Mental Health Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Addictions and Mental Health Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Addictions and Mental Health Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Addictions and Mental Health Adult Foster Home Complaint Information ORS 443.765 Protects the privacy of the complainant, the resident and the witnesses concerning complaints against adult foster homes.
Addictions and Mental Health Adult Foster Home Resident Information ORS 443.769 The Department of Human Services or a type B area agency on aging may not disclose information about residents of an adult foster home that is protected from disclosure by state or federal law, or information that discloses the name of a resident and any demographic or other information that can be used to identify a resident, or any health information that relates to: (i) the past, present or future physical or mental health or condition of a resident; (ii) the provision of health care to a resident; or (iii) the past, present or future payment for the provision of health care to a resident.
Addictions and Mental Health Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Addictions and Mental Health Civil Commitment Hearings 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Addictions and Mental Health Civil Commitment Information ORS 426.155 Release of information about a person who is held in custody either pending a commitment proceeding or while committed or recommitted is limited to certain individuals without the consent of the person; requires agreement to not redisclose information received as a condition to receiving the information.
Addictions and Mental Health Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Addictions and Mental Health DHS Records ORS 413.171 Use of records, papers, files and communications received by the Oregon Health Authority from the Department of Human Services is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished.
Addictions and Mental Health Drug and Alcohol Treatment 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Addictions and Mental Health Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Addictions and Mental Health Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Addictions and Mental Health Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Addictions and Mental Health Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Addictions and Mental Health HIV/AID Records ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Addictions and Mental Health HIV/AID Records ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Addictions and Mental Health Individually Identifiable Health Information, Medical and Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Addictions and Mental Health Individually Identifiable Health Information, Medical and Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Addictions and Mental Health Individually Identifiable Health Information, Medical and Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Addictions and Mental Health Medical and Personal Information ORS 443.739 Provides for the right of adult foster home residents to have medical and personal information kept confidential.
Addictions and Mental Health Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Addictions and Mental Health Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Addictions and Mental Health Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Addictions and Mental Health Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Addictions and Mental Health Privileged Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Addictions and Mental Health Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Addictions and Mental Health Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Addictions and Mental Health Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Addictions and Mental Health Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Addictions and Mental Health Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Addictions and Mental Health Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Addictions and Mental Health Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Addictions and Mental Health Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Addictions and Mental Health Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Addictions and Mental Health Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Addictions and Mental Health Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Addictions and Mental Health Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Addictions and Mental Health Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Addictions and Mental Health Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Addictions and Mental Health Vocational Rehabilitaiton Records 29 USC 721(a)(10)(F) Requires the state to assure that the identity of individuals for which information is supplied in reports required by this section is kept confidential.
Addictions and Mental Health Vocational Rehabilitation Records 34 CFR 361.38 Requires the State agency to adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names; specifies requirements of the policies and procedures; limits use of personal information in the possession of the State agency or the designated State unit to purposes directly connected with the administration of the vocational rehabilitation program; specifies who personal information may be released to and under what conditions.
Addictions and Mental Health Vocational Rehabilitation Records ORS 344.530(1)(b) Requires the Department of Human Services to safeguard the confidential character of vocational rehabilitation information and records.
Addictions and Mental Health Vocational Rehabilitation Records ORS 344.600 Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Child Welfare Services Adoption Records ORS 109.319 Requires the clerk, court administrator and any other person having custody of the records, papers and files in the court’s record of an adoption case to seal the records, papers and files, both prior to and after entry of judgment of adoption and to not unseal, or allow inspection or copying of, or to disclose any information in the records, papers and files to any person or entity, except as provided in the statute.
Child Welfare Services Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Child Welfare Services Child Abuse Reports and Records 42 USC 5101-5116(i) The Child Abuse Prevention and Treatment Act requires the state to assure the confidentiality of all records related to child abuse investigations and limits disclosure to specified persons and entitles.
Child Welfare Services Child Welfare Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Child Welfare Services Child Welfare Records ORS 409.225 Child Welfare records, files, papers and communications are confidential and are not available for public inspection. The Department of Human Services shall not disclose or use the contents of any child welfare records, files, papers or communications that contain any information about an individual child, family or other recipient of services for purposes other than those directly connected with the administration of child welfare laws or unless required or authorized by ORS 419A.255 or 419B.035.
Child Welfare Services Criminal History Records 28 CFR Part 20 Limits disclosure of criminal history information maintained in certain systems to specified agencies, entities and individuals for specified purposes.
Child Welfare Services Criminal History Records ORS 181A.200 Prohibits release of criminal offender records and information furnished to the Department of Human Services or the Oregon Health Authority by the Federal Bureau of Investigation through the Department of State Police.
Child Welfare Services Domestic Violence Records ORS 40.264 [This does not seem to fit the statutory reference] DMT: Agreed, but it was listed in the materials I received as pertaining to domestic violence records. Should I delete?
Child Welfare Services Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Child Welfare Services Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Child Welfare Services Education Records 34 CFR 300.610 Specifies when consent of parent or eligible child is, or is not, required to disclose personally identifiable information to certain entities.
Child Welfare Services Education Records 34 CFR 300.622 Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies in accordance with paragraph (b)(1) of 34 CFR 300.622, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR part 99.
Child Welfare Services Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Child Welfare Services Education Records ORS 336.187 Requires public school or school district to disclose personally identifiable information or other information allowed to be disclosed by the federal Family Educational Rights and Privacy Act from an education record of a student to law enforcement, child protective services and health care professionals in connection with a health or safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals and to Courts and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies if the disclosure relates to the court’s or juvenile justice agency’s ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C; Prohibits redisclosure to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.
Child Welfare Services Foster Parent Indentifying Information ORS 418.642 The name, address and other identifying information about a person who maintains a foster home are confidential and not accessible for public inspection.
Child Welfare Services HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Child Welfare Services Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Child Welfare Services Juvenile Court Records ORS 419A.255 Except as permitted under ORS 419A.255 or consent of the court, reports and other material relating to the child, ward, youth or youth offender’s history and prognosis in the record of the case or the supplemental confidential court file are privileged and, except at the request of the child, ward, youth or youth offender, shall be withheld from public inspection; restricts the use of such records obtained by certain persons and requires certain persons or entities who receive copies of material in the supplemental confidential file to preserve the confidentiality of the material.
Child Welfare Services Juvenile Court Records ORS 419A.255 Except as permitted under ORS 419A.255 or consent of the court, reports and other material relating to the child, ward, youth or youth offender’s history and prognosis in the record of the case or the supplemental confidential court file are privileged and, except at the request of the child, ward, youth or youth offender, shall be withheld from public inspection; restricts the use of such records obtained by certain persons and requires certain persons or entities who receive copies of material in the supplemental confidential file to preserve the confidentiality of the material.
Child Welfare Services Juvenile Delinquency Records ORS 419A.257 Reports and other materials relating to a child, ward, youth or youth offender’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or youth offender or with the authorization of the court, shall be withheld from public inspection; specifies who may receive such reports and records and for what purpose they may be used.
Child Welfare Services Medical and Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Child Welfare Services Medical and Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Child Welfare Services Public Assistance Records 42 USC 671 Requires state to provide safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to specified purposes.
Child Welfare Services Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Child Welfare Services Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Child Welfare Services Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Child Welfare Services Social Security Numbers 5 USC 552a [CHECK THIS CITATION. NOT SURE THIS GOES TO SSN. Towards the end of the document in the link to 552a there is a reference to 88 stat. 1909. Perhaps that is a starting point for the right reference to the actual law that protects SSNs ]
Child Welfare Services Substance Abuse Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Child Welfare Services Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Child Welfare Services Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Child Welfare Services Video Recordings ORS 418.794 Video recordings produced in the investigation of child abuse, rape or suicide pursuant to ORS 418.746 to 418.796 shall remain in the custody of the regional assessment center or the community assessment center and shall remain confidential and are not subject to public disclosure except under a lawfully issued subpoena and protective order.
Dept. of Corrections Alternative Incarceration Programs Protected Health Information 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Dept. of Corrections Alternative Incarceration Programs Protected Health Information ORS 179.495 Prohibits disclosure of written accounts of an inmate of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505(3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17), ORS 179.508, or by court order.
Dept. of Corrections Alternative Incarceration Programs Protected Health Information ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Dept. of Corrections Alternative Incarceration Programs Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Dept. of Corrections Alternative Incarceration Programs Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Dept. of Corrections Education/ESL/ABE/GED Programs Directory Information 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Dept. of Corrections Education/ESL/ABE/GED Programs Directory Information 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Dept. of Corrections Education/ESL/ABE/GED Programs Directory Information 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Dept. of Corrections Health Services HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Dept. of Corrections Health Services HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Dept. of Corrections Health Services HIV/AIDS Information ORS 433.075 When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the results shall be reported confidentially to the person who suffered the substantial exposure giving rise to the test.
Dept. of Corrections Health Services Medical, Mental Health, Dental ORS 179.495 Prohibits disclosure of written accounts of an inmate of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505(3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17), ORS 179.508, or by court order.
Dept. of Corrections Health Services Medical, Mental Health, Dental ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Dept. of Corrections Special Education, IDEA, 504 Personally Identifiable Data 20 USC 1400 [THIS CITATION DOES NOT SPEAK TO ANY CONFIDENTIALITY DIRECTLY--PLEASE FOLLOW UP FOR CLARIFICATION] DMT: AGREED. I FOUND NOTHING IN 20 USC 1400 ET SEQ THAT DIRECTLY ADDRESSES CONFIDENTIALITY.
Dept. of Corrections Special Education, IDEA, 504 Personally Identifiable Data 34 CFR 300.610 Specifies when consent of parent or eligible child is, or is not, required to disclose personally identifiable information to certain entities.
Dept. of Corrections Substance Abuse Treatment Protected Health Information 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Dept. of Corrections Substance Abuse Treatment Protected Health Information ORS 179.495 Prohibits disclosure of written accounts of an inmate of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505(3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17), ORS 179.508, or by court order.
Dept. of Corrections Substance Abuse Treatment Protected Health Information ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Dept. of Corrections Substance Abuse Treatment Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Dept. of Corrections Substance Abuse Treatment Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Education Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Education Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Education Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Education Education Records ORS 336.187 Requires public school or school district to disclose personally identifiable information or other information allowed to be disclosed by the federal Family Educational Rights and Privacy Act from an education record of a student to law enforcement, child protective services and health care professionals in connection with a health or safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals and to Courts and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies if the disclosure relates to the court’s or juvenile justice agency’s ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C; Prohibits redisclosure to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.
Mental Health and Addictions Services Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Mental Health and Addictions Services Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Mental Health and Addictions Services Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Mental Health and Addictions Services Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Mental Health and Addictions Services Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Mental Health and Addictions Services Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Mental Health and Addictions Services Adult Foster Home Complaint Information ORS 443.765 Protects the privacy of the complainant, the resident and the witnesses concerning complaints against adult foster homes.
Mental Health and Addictions Services Adult Foster Home Resident Information ORS 443.769 The Department of Human Services or a type B area agency on aging may not disclose information about residents of an adult foster home that is protected from disclosure by state or federal law, or information that discloses the name of a resident and any demographic or other information that can be used to identify a resident, or any health information that relates to: (i) the past, present or future physical or mental health or condition of a resident; (ii) the provision of health care to a resident; or (iii) the past, present or future payment for the provision of health care to a resident.
Mental Health and Addictions Services Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Mental Health and Addictions Services Civil Commitment Information ORS 426.155 Release of information about a person who is held in custody either pending a commitment proceeding or while committed or recommitted is limited to certain individuals without the consent of the person; requires agreement to not redisclose information received as a condition to receiving the information.
Mental Health and Addictions Services Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Mental Health and Addictions Services DHS Records ORS 413.171 Use of records, papers, files and communications received by the Oregon Health Authority from the Department of Human Services is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished.
Mental Health and Addictions Services Drug and Alcohol Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Mental Health and Addictions Services Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Mental Health and Addictions Services Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Mental Health and Addictions Services Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Mental Health and Addictions Services Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Mental Health and Addictions Services HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Mental Health and Addictions Services HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Mental Health and Addictions Services Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Mental Health and Addictions Services Medical and Personal Information ORS 443.739 Provides for the right of adult foster home residents to have medical and personal information kept confidential.
Mental Health and Addictions Services Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Mental Health and Addictions Services Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Mental Health and Addictions Services Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Mental Health and Addictions Services Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Mental Health and Addictions Services Personally Identifiable Health Information, Medical Records, Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Mental Health and Addictions Services Personally Identifiable Health Information, Medical Records, Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Mental Health and Addictions Services Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Mental Health and Addictions Services Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Mental Health and Addictions Services Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Mental Health and Addictions Services Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Mental Health and Addictions Services Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Mental Health and Addictions Services Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Mental Health and Addictions Services Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Mental Health and Addictions Services Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Mental Health and Addictions Services Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Mental Health and Addictions Services Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Mental Health and Addictions Services Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Mental Health and Addictions Services Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Mental Health and Addictions Services Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Mental Health and Addictions Services Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Mental Health and Addictions Services Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Mental Health and Addictions Services Vocational Rehabilitation Records 29 USC 721(a)(10)(F) Requires the state to assure that the identity of individuals for which information is supplied in reports required by this section is kept confidential.
Mental Health and Addictions Services Vocational Rehabilitation Records 34 CFR 361.38 Requires the State agency to adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names; specifies requirements of the policies and procedures; limits use of personal information in the possession of the State agency or the designated State unit to purposes directly connected with the administration of the vocational rehabilitation program; specifies who personal information may be released to and under what conditions.
Mental Health and Addictions Services Vocational Rehabilitation Records ORS 344.530(1)(b) Requires the Department of Human Services to safeguard the confidential character of vocational rehabilitation information and records.
Mental Health and Addictions Services Vocational Rehabilitation Records ORS 344.600 Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Oregon Health Authority DHS Records ORS 413.171 Use of records, papers, files and communications received by the Oregon Health Authority from the Department of Human Services is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished.
Oregon Medical Marijuana Plan Attorney-client Communications ORS 40.225 A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client between the client or the client’s representative and the client’s lawyer or a representative of the lawyer; between the client’s lawyer and the lawyer’s representative; by the client or the client’s lawyer to a lawyer representing another in a matter of common interest; between representatives of the client or between the client and a representative of the client; or between lawyers representing the client.
Oregon Medical Marijuana Plan Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Oregon Medical Marijuana Plan Drug and Alcohol Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Oregon Medical Marijuana Plan Drug and Alcohol Records ORS 430.475 The results of the evaluation of an arrested person suspected of being drug dependent shall be confidential and shall not be admitted as evidence in criminal proceedings except upon written consent of the accused or upon a finding by the court that the relevance of the results outweighs their prejudicial effect.
Oregon Medical Marijuana Plan Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Oregon Medical Marijuana Plan Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Oregon Medical Marijuana Plan Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Oregon Medical Marijuana Plan Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Oregon Medical Marijuana Plan HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Oregon Medical Marijuana Plan HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Oregon Medical Marijuana Plan Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Oregon Medical Marijuana Plan Medical & Mental Health Records 45 CFR 164.302 to 164.318 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the protection of electronic protected health information.
Oregon Medical Marijuana Plan Medical & Mental Health Records 45 CFR 164.500 et seq Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information.
Oregon Medical Marijuana Plan Medical & Mental Health Records 45 CFR 164.502 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information.
Oregon Medical Marijuana Plan Medical & Mental Health Records 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Oregon Medical Marijuana Plan Medical & Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Oregon Medical Marijuana Plan Medical & Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Oregon Medical Marijuana Plan Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Oregon Medical Marijuana Plan Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Oregon Medical Marijuana Plan Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Oregon Medical Marijuana Plan Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Oregon Medical Marijuana Plan Oregon Medical Marijuana Information ORS 475B.882 The Oregon Health Authority's database list of the names of persons to whom a registry identification card has been issued, the names of persons designated as primary caregivers and the addresses of marijuana grow sites registered under the Oregon Medical Marijuana Program is confidential and not subject to public disclosure except as set forth in ORS 475B.882.
Oregon Medical Marijuana Plan Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Oregon Medical Marijuana Plan Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Oregon Medical Marijuana Plan Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Oregon Medical Marijuana Plan Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Oregon Medical Marijuana Plan Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Oregon Medical Marijuana Plan Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Oregon Medical Marijuana Plan Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Oregon Medical Marijuana Plan Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Oregon Medical Marijuana Plan Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Oregon Medical Marijuana Plan Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Oregon Medical Marijuana Plan Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Oregon Medical Marijuana Plan Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Oregon Medical Marijuana Plan Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Oregon Medical Marijuana Plan Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Oregon Medical Marijuana Plan Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Oregon State Hospital Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Oregon State Hospital Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Oregon State Hospital Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Oregon State Hospital Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Oregon State Hospital Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Oregon State Hospital Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Oregon State Hospital Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Oregon State Hospital Civil Commitment Information ORS 426.155 Release of information about a person who is held in custody either pending a commitment proceeding or while committed or recommitted is limited to certain individuals without the consent of the person; requires agreement to not redisclose information received as a condition to receiving the information.
Oregon State Hospital Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Oregon State Hospital DHS Records ORS 413.171 Use of records, papers, files and communications received by the Oregon Health Authority from the Department of Human Services is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished.
Oregon State Hospital Drug and Alcohol Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Oregon State Hospital Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Oregon State Hospital Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Oregon State Hospital Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Oregon State Hospital Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Oregon State Hospital HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Oregon State Hospital HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Oregon State Hospital Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Oregon State Hospital Individually Identifiable Health Information, Medical Records, Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Oregon State Hospital Individually Identifiable Health Information, Medical Records, Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Oregon State Hospital Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Oregon State Hospital Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Oregon State Hospital Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Oregon State Hospital Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Oregon State Hospital Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Oregon State Hospital Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Oregon State Hospital Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Oregon State Hospital Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Oregon State Hospital Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Oregon State Hospital Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Oregon State Hospital Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Oregon State Hospital Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Oregon State Hospital Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Oregon State Hospital Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Oregon State Hospital Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Oregon State Hospital Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Oregon State Hospital Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Oregon State Hospital Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Oregon State Hospital Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Oregon State Hospital Vocational Rehabilitation Records 29 USC 721(a)(10)(F) Requires the state to assure that the identity of individuals for which information is supplied in reports required by this section is kept confidential.
Oregon State Hospital Vocational Rehabilitation Records 34 CFR 361.38 Requires the State agency to adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names; specifies requirements of the policies and procedures; limits use of personal information in the possession of the State agency or the designated State unit to purposes directly connected with the administration of the vocational rehabilitation program; specifies who personal information may be released to and under what conditions.
Oregon State Hospital Vocational Rehabilitation Records ORS 344.530(1)(b) Requires the Department of Human Services to safeguard the confidential character of vocational rehabilitation information and records.
Oregon State Hospital Vocational Rehabilitation Records ORS 344.600 Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Oregon Youth Authority Alcohol and Drug Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Oregon Youth Authority Child Abuse Records 42 USC 5101 to 5119c The Child Abuse Prevention and Treatment Act requires the state to assure the confidentiality of all records related to child abuse investigations and limits disclosure to specified persons and entitles.
Oregon Youth Authority Child Abuse Records ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Oregon Youth Authority Child Welfare Records ORS 409.225 Child Welfare records, files, papers and communications are confidential and are not available for public inspection. The Department of Human Services shall not disclose or use the contents of any child welfare records, files, papers or communications that contain any information about an individual child, family or other recipient of services for purposes other than those directly connected with the administration of child welfare laws or unless required or authorized by ORS 419A.255 or 419B.035.
Oregon Youth Authority Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Oregon Youth Authority Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Oregon Youth Authority Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Oregon Youth Authority Juvenile Court Records ORS 419A.255 Except as permitted under ORS 419A.255 or consent of the court, reports and other material relating to the child, ward, youth or youth offender’s history and prognosis in the record of the case or the supplemental confidential court file are privileged and, except at the request of the child, ward, youth or youth offender, shall be withheld from public inspection; restricts the use of such records obtained by certain persons and requires certain persons or entities who receive copies of material in the supplemental confidential file to preserve the confidentiality of the material.
Oregon Youth Authority Juvenile Delinquency Records ORS 419A.257 Reports and other materials relating to a child, ward, youth or youth offender’s history and prognosis that are created or maintained by or on behalf of the Oregon Youth Authority or the juvenile department are privileged and, except with the consent of the child, ward, youth or youth offender or with the authorization of the court, shall be withheld from public inspection; specifies who may receive such reports and records and for what purpose they may be used.
Oregon Youth Authority Medical Records of persons in ODOC's custody ORS 179.495 Prohibits disclosure of written accounts of an inmate of any Department of Corrections institution as defined in ORS 421.005, maintained in the institution by the officers or employees of the institution who are authorized to maintain written accounts within the official scope of their duties, unless the disclosure is permitted or authorized by the Department of Corrections in compliance with ORS 179.505(3), (4), (6), (7), (9), (11), (12), (14), (15), (16) or (17), ORS 179.508, or by court order.
Oregon Youth Authority Medical Records of persons in ODOC's custody ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Oregon Youth Authority Public Assistance Records 42 USC 671(a)(8) Requires state to provide safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to specified purposes.
Oregon Youth Authority Public Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Oregon Youth Authority Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Oregon Youth Authority Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Oregon Youth Authority Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Oregon Youth Authority Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Public Medical Assistance Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Public Medical Assistance Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Public Medical Assistance Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Public Medical Assistance Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Public Medical Assistance Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Public Medical Assistance Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Public Medical Assistance Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Public Medical Assistance Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Public Medical Assistance Drug and Alcohol Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Public Medical Assistance Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Public Medical Assistance Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Public Medical Assistance Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Public Medical Assistance Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Public Medical Assistance HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Public Medical Assistance HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Public Medical Assistance HIV/AIDS Information ORS 433.075 When an HIV test is performed pursuant to ORS 433.080 or rules adopted under ORS 433.065, the results shall be reported confidentially to the person who suffered the substantial exposure giving rise to the test.
Public Medical Assistance Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Public Medical Assistance Individually Identifiable Health Information, Medical Records, Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Public Medical Assistance Individually Identifiable Health Information, Medical Records, Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Public Medical Assistance Medical Assistance Records ORS 412.074 Except as otherwise provided in ORS 412.074 and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010, or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.
Public Medical Assistance Medical Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Public Medical Assistance Medical Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Public Medical Assistance Medical Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Public Medical Assistance Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Public Medical Assistance Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Public Medical Assistance Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Public Medical Assistance Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Public Medical Assistance Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Public Medical Assistance Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Public Medical Assistance Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Public Medical Assistance Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Public Medical Assistance Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Public Medical Assistance Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Public Medical Assistance Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Public Medical Assistance Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Public Medical Assistance Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Public Medical Assistance Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Public Medical Assistance Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Public Medical Assistance Vocational Rehabilitation Records 29 USC 721(a)(10)(F) Requires the state to assure that the identity of individuals for which information is supplied in reports required by this section is kept confidential.
Public Medical Assistance Vocational Rehabilitation Records 34 CFR 361.38 Requires the State agency to adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names; specifies requirements of the policies and procedures; limits use of personal information in the possession of the State agency or the designated State unit to purposes directly connected with the administration of the vocational rehabilitation program; specifies who personal information may be released to and under what conditions.
Public Medical Assistance Vocational Rehabilitation Records ORS 344.530(1)(b) Requires the Department of Human Services to safeguard the confidential character of vocational rehabilitation information and records.
Public Medical Assistance Vocational Rehabilitation Records ORS 344.600 Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Self Sufficiency Programs Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Self Sufficiency Programs Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Self Sufficiency Programs Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Self Sufficiency Programs Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Self Sufficiency Programs Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Self Sufficiency Programs Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Self Sufficiency Programs Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Self Sufficiency Programs Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Self Sufficiency Programs Domestic Violence Records ORS 409.273 The locations of premises utilized for sexual assault crisis centers shall be kept confidential; All information maintained by the sexual assault crisis center or crisis line relating to clients is confidential.
Self Sufficiency Programs Domestic Violence Records ORS 409.292 The locations of premises utilized for shelter homes or other physical facilities in family and domestic violence programs and projects are confidential. All information maintained by the shelter home, safe house or crisis line relating to clients is confidential. Crisis lines specifically funded to provide services for victims of child abuse are subject to the requirements of ORS 419B.005 to 419B.050.
Self Sufficiency Programs Drug and Alcohol Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Self Sufficiency Programs Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Self Sufficiency Programs Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Self Sufficiency Programs Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Self Sufficiency Programs Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Self Sufficiency Programs HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Self Sufficiency Programs HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Self Sufficiency Programs Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Self Sufficiency Programs Individually Identifiable Health Information, Medical Records, Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Self Sufficiency Programs Individually Identifiable Health Information, Medical Records, Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Self Sufficiency Programs Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Self Sufficiency Programs Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Self Sufficiency Programs Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Self Sufficiency Programs Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Self Sufficiency Programs Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Self Sufficiency Programs Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Self Sufficiency Programs Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Self Sufficiency Programs Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Self Sufficiency Programs Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Self Sufficiency Programs Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Self Sufficiency Programs Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Self Sufficiency Programs Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Self Sufficiency Programs Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Self Sufficiency Programs Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Self Sufficiency Programs Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Self Sufficiency Programs Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Self Sufficiency Programs Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Self Sufficiency Programs Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Self Sufficiency Programs Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Services for Adults and People with Disabilities Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Services for Adults and People with Disabilities Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Services for Adults and People with Disabilities Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Services for Adults and People with Disabilities Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Services for Adults and People with Disabilities Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Services for Adults and People with Disabilities Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Services for Adults and People with Disabilities Attorney-client Communications ORS 40.225 A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client between the client or the client’s representative and the client’s lawyer or a representative of the lawyer; between the client’s lawyer and the lawyer’s representative; by the client or the client’s lawyer to a lawyer representing another in a matter of common interest; between representatives of the client or between the client and a representative of the client; or between lawyers representing the client.
Services for Adults and People with Disabilities Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Services for Adults and People with Disabilities Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Services for Adults and People with Disabilities Domestic Violence Records ORS 409.273 The locations of premises utilized for sexual assault crisis centers shall be kept confidential; All information maintained by the sexual assault crisis center or crisis line relating to clients is confidential.
Services for Adults and People with Disabilities Domestic Violence Records ORS 409.292 The locations of premises utilized for shelter homes or other physical facilities in family and domestic violence programs and projects are confidential. All information maintained by the shelter home, safe house or crisis line relating to clients is confidential. Crisis lines specifically funded to provide services for victims of child abuse are subject to the requirements of ORS 419B.005 to 419B.050.
Services for Adults and People with Disabilities Drug and Alcohol Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Services for Adults and People with Disabilities Drug and Alcohol Records ORS 430.475 The results of the evaluation of an arrested person suspected of being drug dependent shall be confidential and shall not be admitted as evidence in criminal proceedings except upon written consent of the accused or upon a finding by the court that the relevance of the results outweighs their prejudicial effect.
Services for Adults and People with Disabilities Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Services for Adults and People with Disabilities Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Services for Adults and People with Disabilities Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Services for Adults and People with Disabilities Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Services for Adults and People with Disabilities HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Services for Adults and People with Disabilities HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Services for Adults and People with Disabilities Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Services for Adults and People with Disabilities Information About Older Persons 45 CFR 1321.51 Protects the confidentiality of information about older persons collected in the conduct of the state's responsibilities. No information about an older person, or obtained from an older person by a service provider or the state or area agencies, may be disclosed by the provider or agency in a form that identifies the person without the informed consent of the person or the person's legal representative, unless the disclosure is required by court order or for program monitoring purposes.
Services for Adults and People with Disabilities Medical & Mental Health Records 45 CFR 164.302 to 164.318 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the protection of electronic protected health information.
Services for Adults and People with Disabilities Medical & Mental Health Records 45 CFR 164.500 et seq Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information.
Services for Adults and People with Disabilities Medical & Mental Health Records 45 CFR 164.502 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information.
Services for Adults and People with Disabilities Medical & Mental Health Records 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Services for Adults and People with Disabilities Medical & Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Services for Adults and People with Disabilities Medical & Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Services for Adults and People with Disabilities Medical and Personal Information ORS 443.739 Provides for the right of adult foster home residents to have medical and personal information kept confidential.
Services for Adults and People with Disabilities Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Services for Adults and People with Disabilities Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Services for Adults and People with Disabilities Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Services for Adults and People with Disabilities Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Services for Adults and People with Disabilities Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Services for Adults and People with Disabilities Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Services for Adults and People with Disabilities Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Services for Adults and People with Disabilities Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Services for Adults and People with Disabilities Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Services for Adults and People with Disabilities Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Services for Adults and People with Disabilities Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Services for Adults and People with Disabilities Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Services for Adults and People with Disabilities Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Services for Adults and People with Disabilities Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Services for Adults and People with Disabilities Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Services for Adults and People with Disabilities Seniors and Disability Services Records ORS 410.150 For the protection of applicants for and recipients of services, the Department of Human Services shall not disclose or use the contents of any records, files, papers or communications for purposes other than those directly connected with the administration of the laws of Oregon, and these records, files, papers and communications are considered confidential subject to the rules of the Department of Human Services, except as otherwise provided in ORS 411.320. In any judicial proceedings, except proceedings directly connected with the administration of public assistance or medical assistance laws, their contents are considered privileged communications.
Services for Adults and People with Disabilities Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Services for Adults and People with Disabilities Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Services for Adults and People with Disabilities Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Services for Adults and People with Disabilities Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Services for Adults and People with Disabilities Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Vocational Rehabilitation Services Abuse Reports 45 CFR 164.512 Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations establishing standards for the use and disclosure of protected health information for which an authorization or opportunity to agree or object is not required.
Vocational Rehabilitation Services Abuse Reports ORS 124.085 Abuse complaints and investigative reports are to be treated as confidential information subject to ORS 124.090 (Confidentiality of records), and shall be disclosed only with the consent of the victim or by judicial process.
Vocational Rehabilitation Services Abuse Reports ORS 124.090 The names of the public or private official or any other person who made a complaint of abuse, the witnesses and the elderly persons, and the reports and records compiled under the provisions of ORS 124.050 to 124.095, are confidential and are not accessible for public inspection but may be made available to specified persons or entities.
Vocational Rehabilitation Services Abuse Reports ORS 409.027 Abuse and neglect reports maintained by the Department of Human Services for the purpose of providing protective services or screening subject individuals are confidential and may not be disclosed for any purpose other than in accordance with ORS 409.027 or any other provision of law.
Vocational Rehabilitation Services Abuse Reports ORS 430.763 The names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection.
Vocational Rehabilitation Services Abuse Reports ORS 441.671 The names of complainants, witnesses and residents, and the reports and records compiled under the provisions of ORS 441.630 to 441.680, are confidential and are not accessible for public inspection.
Vocational Rehabilitation Services Child Abuse Reports ORS 419B.035 Child abuse reports and records are confidential and may not be disclosed or redisclosed except as set forth in ORS 419B.035.
Vocational Rehabilitation Services Counselor-client Communications ORS 40.262 A professional counselor or a marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists shall not be examined in a civil or criminal court proceeding as to any communication given the counselor or therapist by a client in the course of a noninvestigatory professional activity when such communication was given to enable the counselor or the therapist to aid the client, except: (1) When the client or those persons legally responsible for the affairs of the client give consent to the disclosure; (2) When the client initiates legal action or makes a complaint against the licensed professional counselor or licensed marriage and family therapist to the board; (3) When the communication reveals the intent to commit a crime or harmful act; or (4) When the communication reveals that a minor is or is suspected to be the victim of crime, abuse or neglect.
Vocational Rehabilitation Services Domestic Violence Resources ORS 409.273 The locations of premises utilized for sexual assault crisis centers shall be kept confidential; All information maintained by the sexual assault crisis center or crisis line relating to clients is confidential.
Vocational Rehabilitation Services Domestic Violence Resources ORS 409.292 The locations of premises utilized for shelter homes or other physical facilities in family and domestic violence programs and projects are confidential. All information maintained by the shelter home, safe house or crisis line relating to clients is confidential. Crisis lines specifically funded to provide services for victims of child abuse are subject to the requirements of ORS 419B.005 to 419B.050.
Vocational Rehabilitation Services Drug and Alcohol Treatment Records 42 USC 290dd-2 Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation, or research are, except as provided in subsection (e), confidential and shall be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
Vocational Rehabilitation Services Education Records 20 USC 1232g(b) Prohibits funding of any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than certain defined directory information) of students without the written consent of their parents to any individual, agency, or organization, other than to specified individuals or entities.
Vocational Rehabilitation Services Education Records 20 USC 1417(c) Requires the Secretary of Education to take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
Vocational Rehabilitation Services Education Records 34 CFR Part 99 Limits disclosure of a student's educational record without the consent of a parent or eligible student unless certain exceptions are met; prohibits redisclosure of information without the consent of the parent or eligible child.
Vocational Rehabilitation Services Genetic Information Federal Genetic Information Nondiscrimination Act, PL 110-233 secs 105 & 206; 42 USC secs 1320d-9, 2000ff-5 Requires genetic information to be treated as "health information" for purposes of HIPAA.
Vocational Rehabilitation Services HIV/AIDS Information ORS 433.008 Except as provided, information obtained by the Oregon Health Authority or a local public health administrator in the course of an investigation of a reportable disease or disease outbreak is confidential and not subject to disclosure.
Vocational Rehabilitation Services HIV/AIDS Information ORS 433.045 A person may not disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner that permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any authority rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.
Vocational Rehabilitation Services Individually Identifiable Health Information, Medical Records, Mental Health Records 42 USC secs 1320d & 1320d-2; PL 104-191 The privacy rules established under HIPAA define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities, business associates and healthcare clearinghouses. Protected health information may not be used or disclosed, except: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing.
Vocational Rehabilitation Services Individually Identifiable Health Information, Medical Records, Mental Health Records 45 CFR Parts 160 and 164 The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities"). The regulations protect all "individually identifiable health information" or "personal health information" that relates to the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual that is held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g. The regulations define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities either with, or without, the consent of the individual or a representative of the individual.
Vocational Rehabilitation Services Individually Identifiable Health Information, Medical Records, Mental Health Records ORS 179.505 Prohibits the disclosure of, or access to, individually identifiable health information of a person except as provided in subsections (3), (4), (6), (7), (8), (9), (11), (12), (14), (15), (16), (17) and (18) of this section or unless otherwise permitted or required by state or federal law or by court order.
Vocational Rehabilitation Services Medical Assistance Records 42 CFR 431.300 to 431.307 Restricts the use or disclosure of information concerning Medicaid applicants and beneficiaries to purposes directly connected with the administration of the State Plan.
Vocational Rehabilitation Services Medical Assistance Records 42 USC 1396a(a)(7) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state plan.
Vocational Rehabilitation Services Medical Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Vocational Rehabilitation Services Nurse-patient Communications ORS 40.240 A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient.
Vocational Rehabilitation Services Physician-patient Communications ORS 40.235 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications in a civil action, suit or proceeding, made for the purposes of diagnosis or treatment of the patient’s physical condition, among the patient, the patient’s physician or persons who are participating in the diagnosis or treatment under the direction of the physician, including members of the patient’s family.
Vocational Rehabilitation Services Psychotherapist-patient Communications ORS 40.230 A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist, including members of the patient’s family.
Vocational Rehabilitation Services Psychotherapy Notes 45 CFR 164.508(2) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security regulations requiring a covered entity to obtain an authorization for any use or disclosure of psychotherapy notes except under specified circumstances.
Vocational Rehabilitation Services Psychotherapy Notes ORS 179.505(17) Requires authorization from an individual or a personal representative of the individual to disclose psychotherapy notes of the individual by medical personnel or other staff employed by, or under contract with, a public provider, or units, programs or services designated, operated or maintained by a public provider, that provides health care or maintains written accounts of health care provided to individuals, except that psychotherapy notes may be used or disclosed by the provider without obtaining an authorization in order to carry out specified treatment, payment and health care operations.
Vocational Rehabilitation Services Public Assistance Records 7 CFR 272.1(c) Restricts the use or disclosure of information obtained from food stamp applicants or recipient households to specified persons or entities or for specified purposes.
Vocational Rehabilitation Services Public Assistance Records 7 USC 2020(e)(8) Requires state to provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration or enforcement of the supplemental nutrition assistance program; permits disclosure of the address, social security number, and, if available, photograph of any member of a household to any Federal, State, or local law enforcement officer, if certain conditions are met, and the member is fleeing to avoid prosecution, or custody or confinement after conviction for a crime or is violating a condition of probation or parole imposed under Federal or State law, or the member has information that is necessary for the officer to conduct an official duty related to those situations.
Vocational Rehabilitation Services Public Assistance Records 42 USC 602(a)(1)(A)(iv) Requires the state to take such reasonable steps as the state deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government.
Vocational Rehabilitation Services Public Assistance Records 45 CFR 205.50 Restricts the use or disclosure of information concerning applicants and recipients of Title IV funding or services to purposes directly connected with the administration of specified programs or for specific purposes.
Vocational Rehabilitation Services Public Assistance Records ORS 411.117 Information received by the Department of Human Services regarding applicants for and recipients of assistance under the temporary assistance for needy families program who are currently victims of domestic violence, have been victims of domestic violence or are at risk of victimization by domestic violence is confidential.
Vocational Rehabilitation Services Public Assistance Records ORS 411.320 For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.
Vocational Rehabilitation Services Public Assistance Records ORS 412.074 A person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving public assistance, directly or indirectly derived from the records, papers, files or communications of the Department of Human Services or acquired in the course of the performance of official duties except as permitted under ORS 412.074.
Vocational Rehabilitation Services Public Assistance Records ORS 413.175 For the protection of applicants for and recipients of public assistance and medical assistance, as defined in ORS 414.025, except as otherwise provided in this section, the Oregon Health Authority may not disclose or use the contents of any public assistance or medical assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance and medical assistance programs or as necessary to assist public assistance or medical assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services. These records, files, papers and communications are considered confidential subject to the rules of the authority. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance, medical assistance or child support enforcement, their contents are considered privileged communications.
Vocational Rehabilitation Services Social Worker-client Communications ORS 40.250 A licensed social worker may not be examined in a civil or criminal court proceeding as to any communication given the social worker by a client in the course of noninvestigatory professional activity when the communication was given to enable the social worker to aid the client, except when (1) The client or a person legally responsible for the client’s affairs gives consent to the disclosure; (2) The client initiates legal action or makes a complaint against the social worker to the State Board of Licensed Social Workers; (3) The communication reveals a clear intent to commit a crime that reasonably is expected to result in physical injury to a person; (4) The communication reveals that a minor was the victim of a crime, abuse or neglect; or (5) The social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee.
Vocational Rehabilitation Services Substance Abuse Treatment Records ORS 430.399 The records of a person at a treatment facility or sobering facility may not, without the person’s consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility.
Vocational Rehabilitation Services Substance Use Disorder Patient Records 42 CFR Part 2 Restricts disclosure and use of substance use disorder patient records unless certain circumstances are met; disclosures are limited to that information which is necessary to carry out the purpose of the disclosure.
Vocational Rehabilitation Services Vocational Rehabilitation Records 29 USC 721(a)(10)(F) Requires the state to assure that the identity of individuals for which information is supplied in reports required by this section is kept confidential.
Vocational Rehabilitation Services Vocational Rehabilitation Records 34 CFR 361.38 Requires the State agency to adopt and implement written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names; specifies requirements of the policies and procedures; limits use of personal information in the possession of the State agency or the designated State unit to purposes directly connected with the administration of the vocational rehabilitation program; specifies who personal information may be released to and under what conditions.
Vocational Rehabilitation Services Vocational Rehabilitation Records ORS 344.530(1)(b) Requires the Department of Human Services to safeguard the confidential character of vocational rehabilitation information and records.
Vocational Rehabilitation Services Vocational Rehabilitation Records ORS 344.600 Except for purposes directly connected with the administration of vocational rehabilitation, and in accordance with the rules and regulations of the Department of Human Services, no person shall solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.