MEMORANDUM

DISCUSSION:

The purpose of this memorandum is to remind staff customers may provide the Family Support Division (FSD) with a written request for release of information to third parties instead of the third party submitting an authorized representative form to obtain release of the customer’s information.  The written request for release of information must be honored in most circumstances.

NOTE:  Attorneys may receive information from the case record by either submitting the customer’s written request for release of information or by submitting a written entry of appearance on behalf of the customer.

Policy for MO HealthNet and Temporary Assistance programs at Income Maintenance Manual section 0130.005.05.15 Other Requests For Information states:

1. Copies of any information in the case record will be furnished to the claimant, and/or his/her representative who has been designated in writing:
   • Upon his/her request; and
   • Within normal working hours; and
   • If the requested information is protected health information (see definition at 0130.005.10 Health Insurance Portability and Accountability Act), refer to 130.005.10.25 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.

Policy for the Food Stamp program at Income Maintenance Manual section 1100.015.02 Information Available to the EU states:

With a written request and proof of identification, information in the case file can be copied and given to any responsible member of the eligibility unit (EU), its current authorized representative or attorney, or a person authorized to act on his or her behalf to review material and information contained in the case file. Material and information contained in the case file should be made available for inspection during normal business hours. However, the agency may withhold confidential information, such as the names of individuals who have disclosed information about the EU without the household's knowledge, or the nature or status of pending criminal prosecutions.

If an individual leaves the EU, he or she is only entitled to copies of information that contain his/her information.

EXAMPLE: Mother and father are active on an EU together with their children. The mother leaves the EU. She can get copies of information on herself and her biological or adopted children for the time period she was in the EU, but cannot receive copies of information after the date she left the EU.

Printouts in the case file such as IMES, IIVE, SAVE, etc. are part of the case file, and therefore this information can be shared with the EU. This information, however, cannot be released to anyone outside the EU including their attorney, even with a signed request from the EU.

Special care must be taken when dealing with medical information. Refer to section 0130.005.10 Health Insurance Portability and Accountability Act.

NOTE: Information from IBTH, IDTH, and IIRS should never be printed and should not be contained in the case file. This information is not available to the EU or anyone else.

NECESSARY ACTION:

• Review this memorandum with appropriate staff

AC/jo/cb