Wyo. Code R. 048-0032-1
Effective Date: 04/03/2008 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0032.1.04032008
These rules are promulgated by the Department of Health pursuant to the Wyoming Public Records Act (W.S. 16-4-201, et seq.), W.S. 14-3-214, 42 CFR 2.53(a)(b) and (d), 42 CFR 2.2 Sec. 290dd-3, 42 CFR 401.134 and 45 CFR Parts 160, 162, and 164, for the purpose of protecting health and personally identifiable information.
(a) These rules apply to and govern the protection of privacy of personally identifiable information, to respect the rights of individuals who are the subject of this information, to develop procedures for the exercise of those authorized and required uses and disclosures of this information.
(b) The Department may issue manuals, bulletins, or both to interpret the provisions of these rules and regulations. Such manuals and bulletins shall be consistent with and reflect the policies contained in these rules and regulations. The provisions contained in manuals or bulletins shall be subordinate to the provisions of these rules and regulations.
(c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of these rules and regulations.
The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
(a) “Access.” The ability to view and/or obtain copies of personal information held by the Department, as the records custodian.
(b) “Agency.” Any bureau, board, commission, committee, or sub-agency of the state, county, municipality, or other political subdivision which is created by or pursuant to the Wyoming Constitution, statute, or ordinance, other than the state legislature and the judiciary.
(c) “Confidential.” The status of personal information according to federal regulations, state statutes, executive order, or agency regulations that connotes some commitment to withhold from authorized users information obtained from an individual or institution.
“Department.” Shall refer to the Department of Health and/or its component divisions.
(e) “Disclosure.” To permit access to, or the release, transfer, or other communication of confidential information contained in Department records to any party, by oral, written, electronic or any other means.
(f) “File.” Any aggregation of individual records gathered for a particular purpose and organized or indexed as a unit. Information pertaining to an individual recorded and retained by the agency.
(g) “Information.” Any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual forms.
(h) “Personal Information.” All information that describes anything about an individual, such as records of financial transactions, medical treatments, or other services; any information that is or can be retrieved from a record or record-keeping system by reference to the name, number, or some other identifying feature associated with the individual to whom the information pertains.
(i) “Personnel Record” includes, but is not limited to, hiring records, basic employee information, payroll records, tax records, employment actions, general benefits information and any other relevant documents that can legally be used to make employment-related decisions.
(j) “Record.” Any grouping of information about an individual that is maintained by the Department in a file that contains a name or identifying number or symbol assigned to the individual used to make a decision about the rights, character, opportunities, benefits, or liabilities of the individual to whom the record pertains.
“Right to Privacy.” An individual’s right to decide what information about themselves may be shared with others.
“Right to Request Restriction of Use and Disclosure.” The right of an individual to request that their personal information not be divulged or used by others.
(m) “Routine Use.” The use of a record for the purpose for which it was collected according to statutory authority or agency regulation.
(n) “Subject.” An individual or legal entity about whom personal information is maintained in an information system.
Records that are determined by the Department to be public records shall be available for inspection during normal business hours of the Department. Records that are determined by the Department to be confidential or not otherwise subject to disclosure pursuant to the Public Records Act or other federal or state law, shall not be disclosed without authorization from the individual or a legal representative of the individual about whom the information pertains or in accordance with state and federal regulations.
The Department provides individuals with notices of use and disclosure processes in accordance with State and Federal legislation. Requests may be made to the appropriate authority. Such requests will be provided in a timely manner.
The individual who is the subject of a confidential record are afforded the opportunity to see or receive a copy of their record in accordance with State and Federal regulations. Requests shall be submitted in writing to the appropriate authority. Forms are available through the Department.
The individual who is the subject of the record has the right to bring to the attention of the custodian of the record any erroneous, inaccurate, or misleading information that is contained in the record, subject to access restrictions imposed by the Wyoming Public Records Act (W.S. 16-4-201, et seq.) and 45 CFR 164.526. Individuals have the right to petition to correct inaccuracies by submitting a written request to the Department’s Staff Physician identifying the specific record to be corrected, the erroneous portion of the record, and the proposed correction.
The Department may permit an individual to request that the Department restrict the use and/or disclosure of personally identifiable information, subject to State and Federal law and Department policy and procedure. Such a request shall be submitted in writing to the appropriate custodian of records within the Department or to the Department’s Staff Physician or the State Health Officer.
Contents of an individual’s personnel records are made available in accordance with W.S. 16-4-201, et seq.:
The Department in maintaining records will:
(a) Maintain any record used to make determinations about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual.
(b) Establish physical, administrative and technical safeguards and specific policies for the protection of data maintained by the Department.
(c) Maintain all systems containing personal information in a manner that is conducive to disclosure and access subject to state and federal law, including, but not limited to the Wyoming Public Records Act (W.S. 16-4-201, et seq.) and 45 CFR Parts 160, 162 and 164.
(d) Only maintain information about an individual necessary to accomplish the department’s purposes as authorized by statute.