1. (1) Information regarding Medicaid applicants and recipients is required to be safeguarded by Section 1902(a)(7) of the Social Security Act (SSA), 42 CFR Part 431 Subpart F, the Health Insurance Portability and Accountability Act (HIPAA), and 45 CFRPart 164. Confidential materials or categories of information relating to Medicaidapplicants and recipients include, but are not limited to, the following:

   1. (a) Lists of names, addresses, and Medicaid eligibility numbers;
   2. (b) Medical services provided;
   3. (c) Social and economic conditions and circumstances;
   4. (d) Medicaid or other State or Federal government agency evaluation of personal information;
   5. (e) Medicaid data, including but not limited to, diagnosis and past history of disease or disability;
   6. (f) Fair hearing records.
2. (2) Confidential information relating to applicants and recipients may be used or disclosed only for purposes directly connected with the administration of the State Planand in accordance with the Agency HIPAA Privacy Compliance Manual or other appropriate authority.

Author: Bill Butler, General Counsel

Statutory Authority: Code of Ala. 1975, §41-22-12; 42 C.F.R § 431, Subpart F.

History: Rule effective October 1, 1982. Emergency rule effective April 5, 1985. Amendedeffective July 9, 1985. Emergency Rule effective November 16, 1987. Amended effectiveFebruary 9, 1988. Amended: Filed May 12, 2004; effective June 16, 2004.