Section 465-2-005 - Confidentiality Confidential information which identifies individuals who apply for or receive assistance, benefits, or services from the Department must be safeguarded. The following information is considered confidential:
1. All information contained in the files or available to staff members concerning applicants, clients, or other persons, under any program administered by the Nebraska Department of Social Services; and2. All records and information including nursing facility cost reports for report periods ending on or before September 30, 1990, in the files of the Nebraska Department of Social Services pertaining to providers and vendors, other than aggregate statistical information which does not disclose services to individual recipients. Nursing facility cost reports filed for report periods ending October 1, 1990 or thereafter are public information and are available for inspection at the Central Office of the Department of Social Services. The Department may charge for copies of the cost reports.005.01General Information2-005.01AAuthority: Authority is given to the Nebraska Department of Social Services by Sections 68-312 through 68-314, et seq. of the Nebraska Revised Statutes, to establish and enforce reasonable rules and regulations covering the custody, use, and preservation of records, files, and communications of the Department.2-005.01BLimitations: Section 68-313, et seq. of the Nebraska Revised Statutes states that all records, files, papers, and communications must be limited to purposes directly connected with the administration of - 1. Assistance to the Aged, Blind, or Disabled;2. Aid to Dependent Children;5. Medically Handicapped Children's Program;7. Food Distribution Program;8. Energy Assistance Programs;9. Matters concerned with proposed legislation or in relation to administration of state or county government; or10. Rules and regulations of the Department. Other programs of the Department are covered by these limitations.
2-005.01CPenalties: Any person who knowingly misuses any public assistance information may be found guilty of a misdemeanor. As a condition of employment, each employee is require to complete Form PT-40, "Confidential Information Agreement". By signing this form, the employee certifies that s/he has read and understands the disclosure of information policies of the Department (see 465-000 -40).
2-005.01DSpecific Program Requirements: Information regarding disclosure requirements for the Department's programs is found within specific titles of the Program Manual.005.02Disclosure2-005.02ABy Staff: Staff members of the Nebraska Department of Social Services shall discuss cases and clients only in case conferences and never through informal exchange of information with other staff or persons, whether with employees in the same agency or staff from another state agency.2-005.02BSituation Allowing Disclosure: In the administration of any of the Department's programs, situations may arise which justify the disclosure of information about applicants, recipients, or beneficiaries of aid or services to other agencies or individuals. Administrative purposes of the Department include - 1. The determination of need and amount of financial assistance, medical care, social services, and food stamps or food distribution; and2. Providing assistance or benefits under any of the Department's programs. The Director holds exclusive control over the release of all records, files, papers, correspondence, and documents containing information about individuals requesting or receiving aid and/or services.
Before releasing information about a client, staff shall obtain the client's written permission. Authorized personnel having charge of the Department's records may release information which is public record, or which the public is legally entitled to receive. According to Section 68-313.01, et seq. of the Nebraska Revised Statutes, "The public shall have free access to all information concerning lists of names and amounts of payments, which appear on any financial records except that no list shall be used for commercial or political purposes."
Staff may confirm a client's receipt and amount of payment if an inquiry is received from the public. Staff shall not release any information regarding clients who do not receive cash payments.
Staff may confirm the names of social services or medical providers. Questions regarding amounts of payments to providers must be referred to the appropriate program division or unit of the Department.
2-005.02COther Agencies: The Director may delegate to administrators authority to disclose case information to other agencies that administer federal or federally assisted programs which provide assistance, in cash or in kind, or services, directly to the individual on the basis of need. These designated staff are also responsible to see that staff under their supervision observe rules and regulations regarding the safeguard of confidential information. Staff may release information to other agencies when the applicant or client has requested services of the agency, or when the agency's objective in obtaining the information is to provide services to the applicant or client. An applicant's or client's request for services includes permission for a release of information. Whenever possible, the staff shall inform the client of a request for information from an outside agency before releasing the information. In emergency situations, the staff may release information to an outside agency without first notifying the client. In these instances, the staff shall inform the client as soon as possible after the information has been released.2-005.02DClient's Case Record: If a client requests a fair hearing or furnishes a written request, staff must make the client's application and case record available. The information may be furnished to the client and/or his/her representative. If the client has requested a fair hearing, staff must make available confidential information which will be presented by the agency at the fair hearing. Confidential information which will not be presented at the fair hearing is not released.
If the client has not requested a fair hearing, confidential information is not released.
The client or his/her representative must not remove case records from the agency. If the client's representative requests to review the file, s/he must furnish a written release from the client authorizing the review. The staff will retain the release in the case file.
2-005.02ELaw Enforcement Officials: Unless directly connected with the administration of Department programs, staff may not disclose confidential information to law enforcement officials, except upon authorization by the applicant/client or by a court order. For ADC cases, see 468 NAC 1-005.02A for disclosure of information regarding fugitive felons. Information regarding abandonment, desertion, or nonsupport in connection with the Child Support Enforcement Program or information concerning program fraud may be disclosed to the appropriate law enforcement officials.2-005.02FPersons Having Legal Access to Records: State and county officials and members of the Nebraska Legislature are by law given access to assistance records. These officials may use information from assistance records only for matters directly connected with the administration of public assistance, state or county government, or proposed legislation. Note: County officials may not have access to food stamp only files unless the client is applying for general assistance or other program which involves county funds. Federal requirements prohibit the release of food stamp records to county officials. Other federally funded programs may have the same restrictions.
2-005.02GUtility Companies: Because utility companies provide essential services to clients, staff shall answer promptly inquiries from utility companies regarding a client's receipt of assistance. Utility companies to which information may be released are those which provide water, natural gas, or electricity.005.03Staff Investigations Most of the application forms used to apply to the Department for benefits or services authorize the staff to investigate any information provided on the application. By signing the application, the client authorizes investigations or verifications. However, some organizations will not release information without a specific release form. In these situations and when the program application does not provide authorization for investigation, the staff shall use Form ASD-46, "Authorization for Release of Information."
005.04Storage Requirements for Confidential Material In order to protect confidential information about persons requesting or receiving aid and/or services, the Department shall -
1. Store and process confidential information including computer records, in secured areas so that such information can be acquired or retrieved only by authorized personnel;2. Provide adequate supervision of secured areas to ensure proper use and prevent unauthorized removal or loss of confidential data; and3. Safeguard information obtained from Internal Revenue (IRS) and other government or public agencies, in accordance with special procedures set forth by these agencies.465 Neb. Admin. Code, ch. 2, § 005