Current through Register Vol. 50, No. 9, September 20, 2024
A.
Notwithstanding any other provisions of law, Express Lane agencies in
possession of data directly relevant to Express Lane eligibility determinations
shall convey such data to the department and shall ensure that the individual
(or his parent, guardian, caretaker relative, authorized representative) whose
circumstances are described in the data has either provided consent to
disclosure, or has not objected to disclosure.
1. Such individuals shall be provided with
advance notice of disclosure and a reasonable opportunity to object to the
disclosure of their information.
B. Express Lane agency sources of data shall
include, but is not limited to, the following:
1. eligibility files;
2. unemployment compensation
benefits;
3. wages and income
information;
4. Social Security
Administration and Internal Revenue Service information;
5. employer wage reports to a state
agency;
6. vital records
information about births in any state; or
7. third party health insurance
information.
C. Improper
Disclosure Penalties
1. Civil Monetary
Penalty. A private entity that publishes, discloses, or makes known in any
manner or to any extent not authorized by the department any information
obtained for the purposes of Express Lane eligibility may be subject to civil
monetary penalties for each unauthorized publication or disclosure, pursuant to
§1942 of Title XIX of the Social Security Act.
2. Criminal Penalty. A private entity that
willfully publishes, discloses, or makes known in any manner or to any extent
not authorized by the department any information under this section shall be
fined not more than $10,000 or imprisoned not more than 1 year, or both, for
each unauthorized publication or disclosure.
3. The limitations and requirements that
apply to Express Lane eligibility data disclosure shall not be construed to
prohibit the conveyance or disclosure of data or information otherwise
permitted under federal law.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and Title XIX of the Social Security
Act.
