1. (a)

   1. (1) The area agencies on aging shall develop and maintain an individual record for each program applicant and eligible participant.
   2. (2) The record shall contain all application or intake forms and information, eligibility documents, and eligibility reassessment documentation, documents normally maintained in regular employee personnel records, and any other information that may be required by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
2. (b) The area agencies on aging shall maintain the participant records in such a way as to ensure that no information about a participant or obtained from a participant by the area agencies on aging, host agency, or the division is disclosed in a form that identifies the participant without the informed consent of the participant or of their legal representative, unless the disclosure is required by court order or for program monitoring by the division or the area agencies on aging.
3. (c) Medical information regarding the participant shall be kept in a separate file.
4. (d) A participant shall have the right to review their personnel record upon request and in accordance with the area agency on aging’s established policies.

5. (e)

   1. (1) A host agency shall develop and maintain a personnel record for each participant they employ.
   2. (2) This record shall be maintained in accordance with the agency's policy for personnel records of its regular employees and according to any requirements set forth in the area agency on aging/host agency agreement.
   3. (3) The provision of subsections (a) and (b) of this section shall apply to host agency records.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “9-1-10”