Q: I am a group home provider and while performing an intake for a NMD, he refused to share his health history. If I allow him to live here but don’t have his health history, will I be in violation of the licensing rules?
A: As legal adults, NMDs have a right to refuse to release their health record but can also consent to have the information released. If the caregiver or provider is unable to get the NMD’s consent, then they should make a notation in the NMD’s file that the NMD refused to release the information when asked to do so during intake. (Reference: California Code of Regulations Title 22 Division 6 Chapters 4,5,7,8.8, 9.5, Community Care Licensing Interim Regulation 84468.1 and 84475; http://ccld.ca.gov/).