§ 9-20-121. Availability of custody and protective services records

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective services from the department shall be confidential and shall not be released or otherwise made available except:

1. (1) To the maltreated adult;

2. (2) To the attorney representing the maltreated adult in a custody or protective services case when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult;

3. (3) For any audit or similar activity conducted with the administration of any plan or program by any governmental agency that is authorized by law to conduct the audit or activity;

4. (4) To law enforcement agencies, a prosecuting attorney, or the Attorney General;

5. (5)

   1. (A) To any licensing or registering authority to the extent necessary to carry out its official responsibilities.

   2. (B) Information released under subdivision (5)(A) of this section shall be maintained as confidential;

6. (6) To a circuit court under this chapter;

7. (7) To a grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury;

8. (8) To a person or provider currently providing care or services to the adult;

9. (9) To a person or provider identified by the department as having services needed by the adult;

10. (10)

    1. (A)

       1. (i) To individual federal and state representatives and senators in their official capacity when the disclosure is authorized in a court order or an authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, executed by the maltreated adult.

       2. (ii) Federal and state representatives and senators shall not redisclose the information.

    2. (B) No disclosure may be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

11. (11) In the discretion of the department, if the adult is in the custody of the department, the department may share:

    1. (A) Information as permitted by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, when the disclosure of information is:

       1. (i) To family, friends, or anyone else authorized by the maltreated adult;

       2. (ii) Needed to assist with the care of the maltreated adult;

       3. (iii) Needed to notify a person of the maltreated adult’s location and general condition; and

       4. (iv) Not objected to by the maltreated adult; and

    2. (B) Appropriate information when the maltreated adult is incapacitated when it is in the best interest of the maltreated adult;

12. (12) To the Office of Medicaid Inspector General; and

13. (13) To an individual authorized by the maltreated adult in an executed authorization form that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, or valid court order.

(b) Except for the maltreated adult, no person or agency to whom disclosure is made may disclose to any other person reports or other information obtained under this section.

(c) A disclosure of information in violation of this section shall be a Class C misdemeanor.

(d)

1. (1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department:

   1. (A) Are confidential;

   2. (B) Shall be sealed; and

   3. (C) Shall not be redisclosed without a protective order.

2. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence.

3. (3) This chapter does not contain language that is deemed to abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.