§346-10  Protection of records; divulgingconfidential information prohibited.  (a)  The department and its agentsshall keep records that may be necessary or proper in accordance with thischapter.  All applications and records concerning any applicant or recipientshall be confidential.  The use or disclosure of information concerningapplicants and recipients shall be limited to:

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

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

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

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

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

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

(7)  Purposes directly connected with anyinvestigation, prosecution, or criminal proceeding conducted in connection withthe licensure or operation of an adult day care center, including disclosure bythe 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, orprosecution of violations of applicable state, county, and federal laws or regulations;

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

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

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

(11)  Disclosure of reports and records relating tochild abuse or neglect to the extent allowed by rules adopted under section350-1.4.

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

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

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

(e)  Confidential information shall be releasedif requested by specific written waiver of the applicant or recipientconcerned.

(f)  The identity of foster parents, adoptiveparents, and foster care facility staff parents, and the location of the fosterhome, adoptive home, or foster care facility is confidential but may bereleased with the consent of the foster parent, adoptive parent, or foster carefacility staff.  If the department determines it is in the best interest of thechild and of the adoptive parents, foster parents, or facility, the identityand location of the adoptive parents or foster parents, foster home, orfacility may be stricken from the individual's case file or withheld from thechild's parents, guardians, or other interested persons.  Notwithstanding theabove, the department shall release the identity, mailing address, andtelephone number of licensed or certified foster parents and approved relative caregiversto any association, agency, or government entity which would be of benefit tothe foster parents or relative caregivers or to the foster care program, unlessthe foster parents or relative caregivers submit to the department a signedstatement requesting that such information be kept confidential.  To beeffective, 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 parentsand approved relative caregivers provided to an association, agency, orgovernment entity shall not be released by the association, agency, orgovernment entity without the consent of the foster parent or relative caregiver.

(g)  All reports concerning adult abuse orneglect, as well as all records of such reports, are confidential and anyunauthorized disclosure of a report or record of a report shall be aviolation.  The director of human services may adopt, amend, or repeal rules,pursuant to chapter 91, to provide for the confidentiality of reports andrecords and for the authorized disclosure of reports and records. [L 1941, c296, pt of §1; am L 1943, c 113, §1; RL 1945, §4825; am L 1951, c 226, §1; am L1953, 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; amL 1987, c 339, §4 and c 345, §2; am L 1991, c 145, §2; am L 1996, c 33, §1; amL 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.  Forsimilar provisions, see chapter 346, part XI.

 

Attorney General Opinions

 

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

 

Case Notes

 

  Confidentiality requirement insufficient to preventadministrative inspection procedures from unconstitutionally intruding intopatient's freedom to decide whether to seek aid of psychiatrist and communicatepersonal information.  481 F. Supp. 1028.