Present law requires the department of disability and aging ("department") to keep records detailing services or supports received by a person with an intellectual or developmental disability for at least 10 years after the services or supports terminated. This bill requires the department's contracted providers to also keep such records. The department and its contracted providers must keep certain records for the following minimum lengths of time:  Service and support records of departmental facilities and clinics, as well as individual support plan records, must be preserved by the department for 10 years after termination of service.  Service and support records for minors receiving services in departmental facilities and clinics must be kept for 10 years after the minor reaches 18.  All other departmental records and records of the department's contracted service providers must be preserved for six years. PERSONS AUTHORIZED TO DISCLOSE Within the department, present law requires confidential information, such as applications or legal documents, to remain confidential unless certain persons granted authority to disclose the information give consent. Such persons include, but are not limited to, the following:  The person supported, who is at least 16.  The conservator of the person supported or a conservator whom the court has granted the authority to make such disclosures. This bill changes the above individuals who can consent to disclose confidential information about a supported person to the following, respectively:  A person supported who is an emancipated minor.  A conservator to whom the court has granted the authority to make such disclosures for the person supported or granted the authority to make healthcare decisions for the person supported. However, a conservatorship over the estate or property alone does not have authority to disclose confidential information.

Statutes affected:
Introduced: 4-29-248(a)(19), 4-29-248, 4-31-703(3), 4-31-703, 12-2-117(e), 12-2-117, 33-3-802, 33-3-803, 33-3-904, 34-1-106(b), 34-1-106, 34-1-108(c)(3), 34-1-108, 36-3-106(b), 36-3-106, 39-16-517(b)(2), 39-16-517, 49-6-802(b)(8), 49-6-802, 52-3-101(d), 52-3-101, 52-3-104, 68-1-904(c), 68-1-904, 68-11-201(23)(B), 68-11-201, 71-5-105(c), 71-5-105