§346-10  Protection of records; divulging
confidential information prohibited.  (a)  The department and its agents
shall keep records that may be necessary or proper in accordance with this
chapter.  All applications and records concerning any applicant or recipient
shall be confidential.  The use or disclosure of information concerning
applicants and recipients shall be limited to:



(1)  Persons duly authorized by the State or the
United States in connection with their official duties, when the official duties
are directly connected with the administration of any form of public
assistance, medical assistance, food stamps, or social services;



(2)  Purposes directly connected with any
investigation, prosecution, or criminal or civil proceeding conducted in connection
with the administration of any form of public assistance, food stamps, medical
assistance, or social services, including disclosure by the department, of
information and documents to police departments, prosecutors' offices, the
attorney general's office, or any other state, county, or federal agency
engaged in the detection, investigation, or prosecution of violations of
applicable state, county, and federal laws or regulations regarding any aspect
of theft, fraud, deception, or overpayment in connection with any aspect of
public assistance, food stamps, medical assistance, or social services;
provided that disclosure by recipient agencies and personnel shall be permitted
under this section to the extent reasonably necessary to carry out the functions
for which the information was provided;



(3)  Disclosure to the extent necessary to provide
services for applicants and recipients, to determine eligibility, or to
determine the amount of public assistance, including verification of
information provided by the recipient of public assistance, medical assistance,
or food stamps, or to determine the type, kind, frequency, and amount of social
services, including health and mental health related services needed;



(4)  Disclosure to banks, financial institutions, or
any other payor of a public assistance warrant or check of any information
indicating that a public assistance warrant or check honored by the bank,
institution, or payor has been forged or otherwise wrongfully presented for
payment;



(5)  Federal agencies responsible for the
administration of federally assisted programs, that provide assistance in cash
or in kind for services directly to individuals on the basis of need; and
certification of receipt of assistance to needy families with minor dependents
to an employer for purposes of claiming tax credit under Public Law 94-12, the
Tax Reduction Act of 1975, shall be permitted;



(6)  Employees acting within the scope and course of
their employment of recognized social welfare organizations as may be approved
by the department;



(7)  Purposes directly connected with any
investigation, prosecution, or criminal proceeding conducted in connection with
the licensure or operation of an adult day care center, including disclosure by
the department, of information and documents to police departments,
prosecutors' offices, the attorney general's office, or any other state,
county, or federal agency engaged in the detection, investigation, or
prosecution of violations of applicable state, county, and federal laws or regulations;



(8)  Disclosure to the child support enforcement
agency for obtaining or enforcing a child support order under chapter 576D;



(9)  Purposes directly connected to and necessary for
the career planning, job training, education, job placement, or employment of
participants in the workfare program under part IX;



(10)  Disclosure of a recipient's residence and
business address to law enforcement officers who request information if the
information is needed for an official administrative, civil, or criminal law
enforcement purpose to identify a recipient as a fugitive felon or parole
violator, and in cases where the information is needed for an official purpose
and where the department has informed the recipient of the circumstances in
which the recipient's address may be released under section 92F-19(a)(1), (3),
or (4); and



(11)  Disclosure of reports and records relating to
child abuse or neglect to the extent allowed by rules adopted under section
350-1.4.



(b)  Disclosure to any committee or legislative
body (federal, state, or local) of any information that identifies by name and
address any such applicant or recipient; and publication of lists or names of
applicants and recipients shall be prohibited.



(c)  The department shall promulgate and enforce
such rules as may be necessary to prevent improper acquisition or use of
confidential information.  Any information secured pursuant to this section by
the officials or employees may be used in connection with their official duties
or within the scope and course of their employment but not otherwise, and shall
be kept in confidential records or files, which shall not be subject to any
other law permitting inspection of government records.  The department and its
agents shall determine whether or not such inspection is in connection with
such official duties or within the scope and course of such employment.



(d)  The use of the records, and other
communications of the department or its agents by any other agency or
department of government to which they may be furnished, shall be limited to
the purposes for which they are furnished.



(e)  Confidential information shall be released
if requested by specific written waiver of the applicant or recipient
concerned.



(f)  The identity of foster parents, adoptive
parents, and foster care facility staff parents, and the location of the foster
home, adoptive home, or foster care facility is confidential but may be
released with the consent of the foster parent, adoptive parent, or foster care
facility staff.  If the department determines it is in the best interest of the
child and of the adoptive parents, foster parents, or facility, the identity
and location of the adoptive parents or foster parents, foster home, or
facility may be stricken from the individual's case file or withheld from the
child's parents, guardians, or other interested persons.  Notwithstanding the
above, the department shall release the identity, mailing address, and
telephone number of licensed or certified foster parents and approved relative caregivers
to any association, agency, or government entity which would be of benefit to
the foster parents or relative caregivers or to the foster care program, unless
the foster parents or relative caregivers submit to the department a signed
statement requesting that such information be kept confidential.  To be
effective, this statement must be submitted to the department by December 31,
1996, or with the application to the department thereafter.  The identity,
mailing address, and telephone number of licensed or certified foster parents
and approved relative caregivers provided to an association, agency, or
government entity shall not be released by the association, agency, or
government entity without the consent of the foster parent or relative caregiver.



(g)  All reports concerning adult abuse or
neglect, as well as all records of such reports, are confidential and any
unauthorized disclosure of a report or record of a report shall be a
violation.  The director of human services may adopt, amend, or repeal rules,
pursuant to chapter 91, to provide for the confidentiality of reports and
records and for the authorized disclosure of reports and records. [L 1941, c
296, pt of §1; am L 1943, c 113, §1; RL 1945, §4825; am L 1951, c 226, §1; am L
1953, c 153, §2; RL 1955, §108-5; HRS §346-10; am L 1970, c 105, §5; am L 1978,
c 105, §2; am L 1983, c 213, §1; am L 1985, c 272, §8; am L 1986, c 332, §6; am
L 1987, c 339, §4 and c 345, §2; am L 1991, c 145, §2; am L 1996, c 33, §1; am
L 1997, c 200, §§3, 11; am L 1998, c 127, §5; am L 1999, c 34, §1]



 



Note



 



  Part IX referred to in subsection (a)(9) is repealed.  For
similar provisions, see chapter 346, part XI.



 



Attorney General Opinions



 



  Dissemination of data in DSSH files is limited to officials
and employees, therefore HMSA is entitled only to information essential to its
fiscal functions.  Att. Gen. Op. 77-5.



 



Case Notes



 



  Confidentiality requirement insufficient to prevent
administrative inspection procedures from unconstitutionally intruding into
patient's freedom to decide whether to seek aid of psychiatrist and communicate
personal information.  481 F. Supp. 1028.