Section 801.6.10. Disclosure without consent of the subject.

Open records are routinely disclosed without consent of the subject. To the extent allowed by law, disclosure of confidential records may occur without consent of the subject or the subject’s legal representative. The custodian of the record shall determine what constitutes legitimate need to use confidential records.

       6.10(1) Internal use. Confidential information may be disclosed to employees and agents of the agency as needed for the performance of their duties. The custodian of the record shall determine what constitutes legitimate need to use confidential records.

People affected by this rule include:

        a.           Field work or practicum students, participants of work placement programs and volunteers working under the direction of the agency.

        b.           Commission members.

        c.           Consultants to the agency.

        d.           Policy review and advisory committees.

       6.10(2) Medical emergency. Confidential information may be disclosed in a medical emergency if the subject is unable to give or withhold consent in accordance with paragraph 6.7(2)“c.”

       6.10(3) Audits. Information concerning revenues and expenditures is released to staff of the state executive and legislative branch who are responsible for ensuring that public funds have been managed correctly. Information is also released to auditors from federal agencies that provide program funds.

       6.10(4) Accreditation and regulatory surveys. Information is provided to staff of applicable accreditation, licensure and other applicable agencies in the course of surveys or investigations regarding compliance with regulations and standards.

       6.10(5) Release to court. Information is released to the court as required by law.

       6.10(6) Research. Information that does not identify individual clients may be disclosed for research purposes with consent of the custodian responsible for the record. Requests to do research involving records of the Iowa Veterans Home shall be approved by the Iowa Veterans Home Research Review Committee.

       6.10(7) Required by law. Information is shared with other agencies without a contract or written agreement where state or federal law or regulations require it.

       6.10(8) Imminent harm. Information may be released to an individual or the police, or both, pursuant to a showing of compelling circumstances affecting the health or safety of a client or any other individual. Notice of disclosure is transmitted to the last-known address of the subject.

       6.10(9) Law violation. Disclosure of information indicating an apparent violation of the law will be released to appropriate enforcement authorities.

       6.10(10) Specific authorization. Any disclosure specifically authorized by the statute under which the record was collected or maintained will be made in accordance with the statute.