OAR 410-136-3280
Client Rights and Confidentiality
(1)
Brokerages shall treat all information gathered on the client as privileged and confidential communications. The brokerage shall apply confidentiality policies to all requests for information from outside sources. Nothing prohibits the disclosure of information in summaries, statistical reports or other forms as long as the document does not identify particular individuals and cannot lead to the identification of individuals. Brokerages and any subcontractors may share information as necessary to serve the client effectively. The brokerage shall not divulge the information without the written consent of the client, the responsible parent of a minor child or the client’s legal guardian. The use or disclosure of information is limited to persons directly connected to the administration of NEMT services.(2)
Brokerages or their subcontractors shall comply with OAR 943-014-0300 (Scope) through 943-014-0320 (User Responsibility) pertaining to access control if the Authority grants them access to any secure computer system or information asset.(3)
The brokerage shall not deny or allow subcontractors to deny any client NEMT services based on race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, health status or the presence of any sensory, mental or physical disability.(4)
Brokerages must treat clients and require subcontractors to treat clients in accordance with OAR 410-120-1855 (Client’s Rights and Responsibilities), Client Rights and Responsibilities.(5)
The brokerages shall have educational materials available for clients on its NEMT services. The Authority must first approve the materials and document the approval in writing.(6)
As required by 42 CFR 431, a brokerage shall follow OAR 410-120-1860 (Contested Case Hearing Procedures) and 410-120-1865 (Denial, Reduction, or Termination of Services) pertaining to contested case hearings when it denies a ride, with the following exceptions:(a)
The brokerage must immediately provide a secondary review by another employee when the initial screener denies a ride; and(b)
The brokerage must mail a notice of action to a client denied a ride within 72 hours of denying a ride.(7)
Upon the Authority’s request, brokerages shall provide documentation pertaining to discovery for or investigation of contested case hearings pursuant to OAR 410-120-1360 (Requirements for Financial, Clinical and Other Records).(8)
Brokerages shall provide documentation pertaining to discovery for or investigation of contested case hearings when the client, the responsible parent of a minor child or the client’s legal guardian requests the documentation. The brokerage shall provide the documentation to the client’s legal representative upon written consent from the client, the responsible parent of a minor child or the client’s legal guardian.
Source:
Rule 410-136-3280 — Client Rights and Confidentiality, https://secure.sos.state.or.us/oard/view.action?ruleNumber=410-136-3280.