Or. Admin. R. 461-105-0110

Current through Register Vol. 63, No. 8, August 1, 2024

Section 461-105-0110 - Release of Client Information to Service Providers and Legal Bodies

For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient:

(1) Department employees may release to service providers information necessary for accurate billing of services provided to Department clients.

(2) The following client information may be released to the client's child care providers:

(a) The program for which the client is eligible.

(b) The amount of the Department child care payment.

(c) The client's copayment amount.

(d) Reasons for a delay in payment, but only information that is specific to the reason for the delay.

(3) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body.

(4) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about a client to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the client to review an action taken by the Department.

(5) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file.

(6) The Department may release client information in a judicial proceeding if at least one of the following is true:

(a) The proceedings are directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(b) A judge orders the release of the information.

(7) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering a program covered by chapter 461 of the Oregon Administrative Rules, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 412.072, 411.320, and 412.074). The employee requests the court's guidance about testifying under the statutes.

Or. Admin. R. 461-105-0110

AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 9-2024, minor correction filed 02/21/2024, effective 2/21/2024

Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049

Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 412.049, 412.074 & 412.072