Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1401.1 - CONFIDENTIALITY
Section 17-1401.1-5 - Disclosure of information to applicants, recipients, perpetrators, or entities designated by the applicant, recipient, or perpetrator to receive confidential information

Universal Citation: HI Admin Rules 17-1401.1-5

Current through November, 2024

(a) Disclosure of information to individuals or agencies other than those specified in section 17-1401.1-6 shall be allowed only when a written authorization has been obtained from the applicant, recipient, perpetrator, or the legal guardian of the applicant, recipient, or perpetrator. The written authorization shall be signed and dated by the applicant, recipient, perpetrator, or the legal guardian of the applicant, recipient, or perpetrator and shall specify:

(1) The name of the individual or agency authorized to receive the information or to review the record;

(2) The specific information the department is authorized to release and the purpose for which the information is being sought;

(3) The name, social security number or birth date, and address of the applicant, recipient, or perpetrator;

(4) The expiration date or expiration event that relates to the applicant, recipient, or perpetrator or the purpose of the authorization, and also specifying that if no expiration date or expiration event is specified the authorization shall expire one year from the date the authorization is signed; and

(5) Whether the information is desired through review or by receipt of reproduced copies of the information.

(b) Information requested for the purpose of conducting a vulnerable adult abuse state central registry clearance shall be requested on a prescribed department form.

(c) Reproduced copies of information contained in the department's records, which the department is authorized to release, shall be provided at a cost related to the cost of reproduction, including but not limited to staff time to review, redact, and duplicate the requested record. When the information is required for the purpose of presenting the applicant's, recipient's, or perpetrator's hearing appeal, there shall be no charge. In either case, actual postage cost shall be charged.

(d) Subsection (c) shall not apply to the reproduced copies of information that the department releases to persons or entities specified in section 17-1401.1-6.

(e) The department shall permit the review or provide a copy of the portion of the record that pertains to the applicant, recipient, or perpetrator pursuant to section 92F-23, HRS.

(f) Before the record is reviewed or copies of the record are released, the department shall block out the name and other identifying information that the receiving individual is not authorized to receive.

(g) Records shall be reviewed only in designated areas within the department's offices in accordance with departmental procedures. The records or any part of the records shall not be copied or removed from the premises except in accordance with departmental procedures.

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