HARRY HUGHES, Governor                                      2279

2.  THERE IS NO OTHER PERSON TO WHOM, IN
ON BEHALF OF THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITY, THE
RECORD MAY BE DISCLOSED UNDER THIS PARAGRAPH; OR

3.  THE INDIVIDUAL WITH DEVELOPMENTAL
DISABILITY IS UNABLE TO GIVE WRITTEN INFORMED CONSENT AND THE
DIRECTOR DETERMINES THAT DISCLOSURE IS NECESSARY TO PROTECT THE
RIGHTS OF THE INDIVIDUAL WITH DEVELOPMENTAL DISABILITY.

(2) A LICENSEE SHALL COMPLY WITHIN 14 DAYS AFTER AN
INDIVIDUAL WITH DEVELOPMENTAL DISABILITY OR A PERSON WHO IS
AUTHORIZED TO ACT ON BEHALF OF THAT INDIVIDUAL, ASKS IN WRITING:

(I)  TO RECEIVE A COPY OF A RECORD; OR

(II)  TO SEE AND COPY THE RECORD DISCLOSED.

(C)  IF A LICENSEE REFUSES TO DISCLOSE A RECORD UNDER
SUBSECTION (B)(1)(I) OF THIS SECTION, THE EXECUTIVE OFFICER OR
ADMINISTRATIVE HEAD OF A LICENSEE SHALL APPLY, WITHIN 10 WORKING
DAYS AFTER THE REFUSAL, TO THE CIRCUIT COURT FOR THE COUNTY WHERE
THE INDIVIDUAL MAKING THE REQUEST RESIDES OR WHERE THE SITE OF
SERVICES TO THE INDIVIDUAL OCCURRED FOR AN ORDER TO PERMIT THE
EXECUTIVE OFFICER OR ADMINISTRATIVE HEAD OF THE LICENSEE TO
CONTINUE TO REFUSE DISCLOSURE TO THE INDIVIDUAL WITH
DEVELOPMENTAL DISABILITY.

(D)  A LICENSEE SHALL DISCLOSE A RECORD THAT IS SOUGHT:

(1)  BY THE STAFF OF THE LICENSEE TO CARRY OUT A
PURPOSE FOR WHICH THE RECORD IS KEPT;

(2)  BY ANY OTHER PERSON WHO PROVIDES OR COORDINATES
SERVICES IN ACCORDANCE WITH THE INDIVIDUAL'S PLAN OF
HABILITATION;

(3)  BY THE DIRECTOR OR A DESIGNEE OF THE DIRECTOR;
AND

(4)  BY A PERSON TO FURTHER THE PURPOSES OF:

(I)  A MEDICAL REVIEW COMMITTEE;

(II)  AN ACCREDITATION BOARD OR COMMISSION;

(III)  A LICENSING AGENCY THAT IS AUTHORIZED BY
STATUTE TO REVIEW RECORDS;

(IV)  A COURT ORDER;

(V)  A REPRESENTATIVE OF THE DIVISION OF
REIMBURSEMENT OF THE DEPARTMENT;

(VI)  AN AUDITOR OF THE DEPARTMENT;