0130.005.00 Confidentiality

IM-59 November 4, 2014

1. Copies of any information in the case record will be furnished to the claimant, and his/her representative who has been designated in writing:
   • • Upon his/her request
     • Within normal working hours
     • If the requested information is protected health information (see definition at 0130.005.10 Health Insurance Portability and Accountability Act), refer to 0130.005.10.25 Client’s Right to Access Their Health Information on File in FSD Records; and
     • If the person’s representative requests information that is protected health information, refer to 0130.005.10.40 Who May Exercise Privacy Rights and Personal Representatives
2. Release of Information for Federal Programs: Information can be released for the administration of any Federal or federally-assisted program which provides assistance in cash, in kind, or services directly to individuals on the basis of need. For example: Human Resource Agency, SSI, HUD.

   When an agency under contract for the purchase of services under Title XX requests information to document eligibility for Title XX services for Income Maintenance recipients, the County Office may release the information without the written authorization of the claimant.

   Refer to 0130.005.10.10 Uses and Disclosures for the privacy restrictions on protected health information.

3. Exchange of Information with Vocational Rehabilitation: The confidentiality requirements included in the Cooperative Agreement provide for the release of certain requested information without prior consent of the client. The information that can be shared with Vocational Rehabilitation includes records of Medicaid payments, diagnostic data, medical reports and other records that are for administrative purposes.

   Refer to 0130.005.10.10 Uses and Disclosures for the privacy restrictions on protected health information.

4. Release of Information for Administrative Purposes: An applicant’s or recipient’s Medicaid number may be released to a provider without the applicant or recipient’s written consent. This procedure is allowed in Section 1902 (a) (19) of the Social Security Act. The Act requires that a State plan for medical assistance must ensure that “eligibility for care and services under the plan will be determined, and such care and service will be provided, in a manner consistent with simplicity of administration and the best interest of the recipients”. This procedure does not permit the disclosure of lists of names and addresses of Medicaid beneficiaries.

   Refer to 0130.005.10.10 Uses and Disclosures for the privacy restrictions on protected health information.

5. Release of Information Requiring Client Consent: When requests for information are received from sources other than those already identified at 0130.005.05 Availability of Information, the worker cannot release any information, except for the information on the Income Maintenance Payroll, without the consent of the claimant.

   Other sources could include governmental authorities, the courts (if subpoena is involved refer to 0130.005.05.25 Subpoenaed Requests for Information by the Courts), law enforcement officials, service agencies, private individuals or businesses.

   If the signed authorization does not accompany a request, the claimant should be informed of the request and permission obtained to meet the request.

   Refer to 0130.005.10.10 Uses and Disclosures for the privacy restrictions on protected health information.

6. Requests by Household for Review of Case Record Information: If there is a written request by a responsible member of the household, its currently authorized representative or a person acting in its behalf, to review materials in the Income Maintenance case record, the agency shall make this information available to the household during normal business hours. The agency may decide to screen material it considers confidential, as it deems necessary, if criminal prosecution is pending. However, it should be noted, confidential information not provided to the household or its representative, if requested by them, shall not be considered in a hearing’s decision.

   If the requested information is protected health information, refer to 0130.005.10.25 Client’s Right to Access Their Health Information on File in FSD Records. This section provides instructions on the types of information that are not accessible to the client and the procedures that an individual must follow to request copies of medical information.

   If the person’s representative requests information that is protected health information, review 0130.005.10.40 Who May Exercise Privacy Rights and Personal Representatives. This section explains who may act as the client’s personal representative and discuss the situations in which staff cannot share information with the personal representative.