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Regulations: The Agency will uphold all relevant Federal and California State confidentiality <br />regulations to protect client records and privacy. In addition, the Agency will only release client <br />records with written consent by the client. unless otherwise provided for in the regulations. <br />Specifically. but not limited to, the following: <br />A. The Agency will abide specifically by the federal confidentiality rules as contained in the Code <br />of Federal Regulations (CFR) 42 Part 2 Confidentiality of Alcohol and Drug Abuse Patient <br />Records, regarding disclosure of alcohol and/or drug abuse records. In general terms, the <br />Federal regulation prohibits the disclosure of alcohol and/or drug abuse records unless <br />disclosure is expressly permitted by written consent of the person to whom it pertains or as <br />otherwise permitted by CFR 42 Part 2. A general authorization for the release of medical or <br />other information is not sufficient for this purpose. The Agency understands that the Federal <br />rules restrict any use of the information to criminally investigate or prosecute any alcohol or <br />drug abuse patients. <br />B. The Agency will abide specifically with the Health Insurance Portability and Accountability Act <br />of 1996 and corresponding regulations passed by the U.S. Department of Health and Human <br />Services. In general, the regulations provide consumers with new rights to control the release of <br />medical information, including advance consent for most disclosures of health information, the <br />right to see a copy of health records, the right to request a correction to health records, the right <br />to obtain documentation of disclosures of information may be used or disclosed. The current <br />regulation provides protection for paper, oral, and electronic information. <br />C. The Agency will abide specifically with the California Government Code 11015.5 regarding <br />Personal Information Collected on the Internet. In general, the Government Code ensures that <br />any electronically collected personal information about clients cannot be shared with any third <br />party without the client's written consent. <br />Postings: Privacy and Mandatory Collection notices must be posted at the agency. <br />A. The Agency must post Privacy and Mandatory Collection notices at each intake desk or <br />comparable location. <br />B. Privacy and Mandatory Collection notices must be made available in writing at the client's <br />request. <br />C. If the Agency maintains an agency website, a link to the privacy notice must be on the homepage <br />of the agency's website. <br />IV. Data Use <br />Data contained in the LA/OC HMIS will only be used to support the delivery of homeless services in the <br />Los Angeles and Orange County region. Each User will affirm the principles of ethical data use and client <br />confidentiality as noted below and contained in the LA/OC HMIS User Agreement. <br />I. The Agency will not solicit or input information from clients unless it is essential to provide services, <br />or conduct evaluation or research. <br />2. The Agency understands that all client data will be maintained on a central server, which will contain <br />all client information in an encrypted state. All client identifiable data is inaccessible to unauthorized <br />users. <br />3. The Agency shall not be denied access to client data entered by the Agency. Agencies are bound by all <br />restrictions placed upon the data by the client of any Participating Agency. The Agency shall <br />diligently record in the LA/OC HMIS all restrictions requested. <br />4. The Agency shall not knowingly enter false or misleading data under any circumstances. <br />5. The Agency shall maintain appropriate documentation of client consent to participate in the LA/OC <br />HMIS. <br />6. If a client withdraws consent for release of information, the Agency remains responsible to ensure that <br />the client's information is unavailable to all other Agencies. <br />HMIS Agency Agreement Page 2 of 5 Revised 02101108