Observations
The facility failed to obtain informed and voluntary consent forms for the disclosure of information contained in the client record in ten of ten client records reviewed on January 11, 2017.
Ten client records were reviewed. Ten records required an informed and voluntary consent to release client information. The facility failed to obtain an informed and voluntary consent to release information in client records # 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
The consent to release information form states that revocation must be in writing. 42 CFR Part 2, Subpart C, subsection 2.31 (a) Required elements, specifies that the following information must be included on the written consent: "(8) A statement that the consent is subject to revocation at any time except to the extent that the program or person which is to make the disclosure has already acted in reliance on it." Therefore, as per 42 CFR, Part 2, Subpart C, subsection 2.31 (a)(8) the consent to release client information form can be revoked by the client at any time and there is no restriction on the manner in which they may revoke it. The facility failed to adhere to the requirements outlined in the federal confidentiality regulations by requiring the clients to revoke consent forms in writing.
These findings were discussed with facility staff during the licensing process.
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Plan of Correction
The IFS Facility Director was responsible to undertake the course of action in addressing the #0277 deficiency of 1/11/17, the day of the licensing visit. The Facility Director revised the client "Release of Information" form to include the opportunity for the client to revoke the consent to release information verbally or in writing, specifically stating, "I understand that I have the right to revoke this authorization at any time. I understand that if I revoke this authorization I must do so verbally or in writing". The IFS staff was instructed by the IFS Facility Director to discard all prior consent forms and utilize the revised form as of 1/11/17. The IFS facility was in compliance with the standard as of 1/11/17. |