Participant records must be kept confidential and, except in emergencies, may not be accessible to anyone without the written consent of the participant or if a court orders disclosure other than the following:

1. (1) The participant.
2. (2) The participant’s legal guardian.
3. (3) The provider staff for the purpose of providing a service to the participant.
4. (4) An agent of the Department.
5. (5) An individual holding the participant’s power of attorney for health care or health care proxy.