Authority of Division to take control of records; confidentiality; regulations

1. If the Division suspends the license of an agency to provide personal care services in the home pursuant to the provisions of this chapter, or if such an agency otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Division may, if deemed necessary by the Administrator of the Division, take control of and ensure the safety of the records of the agency. 2. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Division shall: (a) Maintain the confidentiality of the records obtained pursuant to subsection 1. (b) Share records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the agency to provide personal care services in the home or to license the owners or employees of the agency. (c) Release a record obtained pursuant to subsection 1 to the client or legal guardian of the client who is the subject of the record. 3. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any records under the control of the Division pursuant to subsection 1 and for payment by the agency to provide personal care services in the home of the cost of maintaining medical records.