[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1321.51]



[Page 214-215]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1321_GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING--Table of Contents

 

                 Subpart B_State Agency Responsibilities

 

Sec.  1321.51  Confidentiality and disclosure of information.



    (a) A State agency shall have procedures to protect the 

confidentiality of information about older persons collected in the 

conduct of its responsibilities. The procedures shall ensure that no 

information about an order person, or obtained from an older person by a 

service provider or the State or area



[[Page 215]]



agencies, is disclosed by the provider or agency in a form that 

identifies the person without the informed consent of the person or of 

his or her legal representative, unless the disclosure is required by 

court order, or for program monitoring by authorized Federal, State, or 

local monitoring agencies.

    (b) A State agency is not required to disclose those types of 

information or documents that are exempt from disclosure by a Federal 

agency under the Federal Freedom of Information Act, 5 U.S.C. 552.

    (c) A State or area agency on aging may not require a provider of 

legal assistance under this part to reveal any information that is 

protected by attorney client privilege.