12-12-1718. Availability of screened-out, pending, and unfounded reports.

12-12-1718. Availability of screened-out, pending, and unfounded reports. (a) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to the office of the Attorney General, the prosecuting attorney, and an appropriate law enforcement agency and may be used only within the Department of Human Services for purposes of administration of the program. (b)(1) A pending report, including protected health information, is confidential and shall be made available only to: (A) The department, including the Death Review Committee of the Department of Human Services; (B) A law enforcement agency; (C) A prosecuting attorney; (D) The office of the Attorney General; (E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court; (G) A person or provider identified by the department as having services needed by the maltreated person; (H) Any applicable licensing or registering authority; (I) Any employer, legal entity, or board responsible for the person named as the offender; (J) Any legal entity or board responsible for the maltreated person; and (K) The Office of Medicaid Inspector General. (2) The subject of the report may only be advised that a report is pending. (c) Upon satisfaction of due process and if an allegation was determined to be unfounded, the investigative report, including protected health information, is confidential and shall be made available only to: (1) The department, including the committee; (2) A law enforcement agency; (3) A prosecuting attorney; (4) The office of the Attorney General; (5) Any applicable licensing or registering authority; (6) Any person named as a subject of the report or that person's legal guardian; (7) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services; (8) A grand jury or court, upon a finding that the information in the record is necessary for the determination of an issue before the grand jury or court; (9) A person or provider identified by the department as having services needed by the person; (10) Any employer, legal entity, or board responsible for the person named as the offender; (11) Any legal entity or board responsible for the maltreated person; and (12) The Office of Medicaid Inspector General. (d) The department may retain automated information on unfounded reports for statistical purposes, to assess future risk, and to identify false reporting. (e)(1) Except for the subject of the report, no person or agency to which disclosure is made may disclose to any other person or agency a report or other information obtained under this section. (2) Upon conviction, any person disclosing information in violation of this subsection is guilty of a Class C misdemeanor. (f)(1) The department may not release data that would identify the person who made a report except to law enforcement, a prosecuting attorney, or the office of the Attorney General. (2) A court of competent jurisdiction may order release of data that would identify the person who made a report after the court has reviewed in camera the record related to the report and has found that disclosure is needed: (A) To prevent commission of a crime; or (B) For prosecution of a crime. (g)(1) Data, records, reports, or documents released under this section to a law enforcement agency, the prosecuting attorney, or a court by the department: (A) Are confidential; (B) Shall be sealed; and (C) Shall not be redisclosed without a protective order. (2) Data, records, reports, or documents released under this section are confidential and are items of evidence for which there is a reasonable expectation of privacy that the items will not be distributed to persons or institutions without a legitimate interest in the evidence. (3) This subchapter does not abrogate the right of discovery in a criminal case under the Arkansas Rules of Criminal Procedure or other applicable law.