CCSI Confidentiality

Statutory Reference – “Tier I, II and III team participants in the coordinated children's services system shall act in accordance with all applicable state and federal laws, rules, policies and procedures which govern the confidentiality of records and related treatment information.”

Tier III has developed a sample release of information form that has been reviewed by the Counsels of CCSI’s participating state agencies. This document is intended to be used as a guideline only; as with all matters of confidentiality, please seek local/county counsel to ensure that you are acting in compliance with all local, state, and federal regulations.

We have also included examples of local releases and forms for your review.

Tier III Confidentiality Guidelines Resource:

• Sample CCSI Confidentiality/Release Form

County-developed Information Release Documents:

• Broome County’s SPOA Release Form
• Monroe County SPOA Referral Packet
• Schuyler County’s Release Form
• Franklin County Change of Placement Release Form

The Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The Federal Health Insurance Portability and Accountability Act (HIPAA), establishes a national framework for security standards and protection of confidentiality with regard to health care data and information. The NYS Central HIPAA Coordination project defines health care as, “care, services, or supplies related to the health of an individual. Health care includes, but is not limited to, the following: (1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body; and (2) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.”

This is a complex and evolving issue that has implications for local CCSIs; not only for the individual systems that serve children and families, but the interaction between those systems as health and behavioral healthcare information is shared and compiled.

If you use, collect, and/or transmit health care information, you must determine whether or not you are a covered entity under HIPAA and familiarize yourself with the relevant laws and regulations. There are many resources available to help you meet HIPAA requirements—the links below are just one place to start:

• The NYS Office of Mental Health’s HIPAA Resources
• The NYS Office of Technology’s HIPAA Site