Current through Register Vol. 47, No. 12, December 22, 2023
A. 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.
