Current through Register Vol. 48, No. 07, July 26, 2024
Section 114-1170 - Safeguarding InformationA. The use or disclosure of information concerning applicants and recipients will be limited to purposes directly connected with: (1) The administration of the Family Independence Program. Such purposes include establishing eligibility, determining the amount of assistance, and providing services for applicants and recipients.(2) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plans or programs.(3) The administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services directly to individuals on the basis of need.(4) Any audit or similar activity (review of expenditure reports or financial review) conducted in connection with the administration of any such plan or program by any governmental entity which is authorized by law to conduct such audit or activity.(5) The administration of a State unemployment compensation program.(6) The reporting to the appropriate agency or official of information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under circumstances which indicate the child's health or welfare is threatened.(7) The Department, in its sole discretion, may permit access to client information, on a confidential basis to non-Departmental entities, for research purposes where the research may provide greater knowledge about program affects and outcomes or administrative improvements in the Family Independence Program.B. The Department has authority to implement and enforce the provisions for safeguarding information about applicants and recipients. Disclosure of any information that identifies by name or address any applicant or recipient to any federal, State, or local committee or legislative body other than in connection with any activity under paragraph D(1) of this section is prohibited.C. Publication of lists or names of applicants and recipients will be prohibited.D. The Department has authority to disclose the current address of a recipient to a State or local law enforcement officer at his or her request. Such information is disclosed only to law enforcement officers who provide the name and SSN of the recipient and satisfactorily demonstrate that:(1) The recipient is a fugitive felon;(2) The location or apprehension of such felon is within the law officer's official duties; and(3) The request is made in the proper exercise of those duties.E. The Department has the authority to release only the name, address and telephone number of the caretaker relative to organizations with which it has a Memorandum of Agreement to provide services for its FI recipients, provided the individual has voluntary signed a release permitting same.F. The Department safeguards the following types of information: (1) Types of information to be safeguarded include but are not limited to:(a) The names and addresses of applicants and recipients and amounts of assistance provided;(b) Information related to the social and economic conditions or circumstances of a particular individual including information obtained from any agency. Information obtained from the Internal Revenue Service (IRS) and the Social Security Administration (SSA) must be safeguarded in accordance with procedures set forth by those agencies;(c) Agency evaluation of information about a particular individual;(d) Medical data, including diagnosis and past history of disease or disability, concerning a particular individual.(e) Medical data received directly from third parties may not be released to recipients.(2) The release or use of information concerning individuals applying for or receiving financial assistance is restricted to persons or agency representatives who are subject to standards of confidentiality which are comparable to those of the agency administering the financial assistance programs.(3) Except in the case of information requested from the Income and Eligibility Verification Systems (IEVS) or in the case of an emergency situation when the individual's prior consent for the release of information cannot be obtained, the family or individual is informed whenever possible of a request for information from an outside source, and permission is obtained to meet the request. In an emergency situation when the individual's consent for the release of information cannot be obtained, the individual will be notified immediately.(4) In the event of the issuance of a subpoena for the case record or for any agency representative to testify concerning an applicant or recipient, the court's attention is called, through proper channels to the statutory provisions and the policies or rules and regulations against disclosure of information.(5) The same policies are applied to requests for information from a governmental authority, the courts, or a law enforcement officer (except as provided with respect to fugitive felons) as from any other outside source.G. The Department will publicize provisions governing the confidential nature of information about applicants and recipients, including the legal sanctions imposed for improper disclosure and use, and will make these provisions available to applicants and recipients and to other persons and agencies to whom information is disclosed.(1) All information obtained pursuant to the income and eligibility verification system will be stored and processed so that no unauthorized personnel can acquire or retrieve the information by any means.(2) All persons with access to information obtained pursuant to the income and eligibility verification systems will be advised of the circumstances under which access is permitted and the sanctions imposed for illegal use or disclosure of the information.H. All materials sent or distributed to applicants, recipients, or medical vendors, including material enclosed in envelopes containing checks, will be limited to those which are directly related to the administration of the program and will not have political implications. Under this requirement:(1) Specifically excluded from mailing or distribution are materials such as "holiday" greetings, general public announcements, voting information, alien registration notices;(2) Not prohibited from such mailing or distribution are materials in the immediate interest of the health and welfare of applicants and recipients, such as announcements of free medical examinations, availability of surplus food, and consumer protection information;(3) Only the names of persons directly connected with the administration of the program are contained in material sent or distributed to applicants, recipients, and vendors, and such persons are identified only in their official capacity with the State or local agency.I. The Department will provide documentation to employers verifying an individual's status as an Family Independence recipient for the purpose of claiming a State tax credit under 1976 Code Section 12-7-1280, provided the recipient signs a release permitting the Department to release this information.J. The applicant or recipient may review his case record with the exception of confidential medical reports from third parties.K. The Department may refute on an item-for-item basis specific information released by a recipient or former recipient directly to and published or broadcast by the public media if the Department reasonably believes that it has factual information that establishes the inaccuracy of the information provided by the recipient or former recipient to the public media.Added by State Register Volume 19, Issue No. 5, eff May 26, 1995. Amended by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.