HAR §17-1401.1-4. Disclosure of records

(a) All records and information shall be confidential and unauthorized disclosure or re-disclosure shall be a violation. Records shall not be accessible for public inspection except as provided by this chapter. (b) Disclosure of records shall be provided in accordance with departmental procedures, provided that when the record contains information the person is not authorized to receive, that information shall not be provided. (c) Recipients of confidential information shall be bound by the same confidentiality restrictions as the department and shall maintain confidentiality and prevent unauthorized re-disclosure•. Cd) The name ofa reporter of vulnerable adult abuse shall be disclosed only with the reporter’s written authorization or pursuant to a court order. Ce) Records containing communications between the department of the.attorney general and the department shall not be disclosed as those communications are considered attorney-client privilege and are subject to 1401.1-3 17-1401 .1-4 release only by court order. [Eff OCT 30Z009 •(Auth: FIRS §346-10, 346-14, 346-225) (Imp: HRS §346-10, 346-14, 346-225) §17-1401.1-5 Disclosure of information to applicants, recipients, perpetrators, or entities designated by the applicant, recipient, or perpetrator to receive confidential information. (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 1401.1-4 §17-1401.1-6 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 Cc) 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 departmentshal1 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 departmnt’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. [Eff OCT 302039 ) (Auth: fIRS §346-l0, 346-14, 346-225) (Imp: HRS §92-21, 92F-21, 92F-22, 92F-23, 346-10) §17-1401.1-6 Disclosure to third parties without written authorization or court order. (a) Disclosure of all or a portion of the record without written authorization or court order shall be authorized when made pursuant to a legitimate state purpose and in accordance with section 17-1401.1-4. A legitimate state purposeS shall include but is not limited to disclosure to the persons or entities listed below unless ptherwise specified in section 17-1401.1-7: (1) A court in the State for in camera review only; (2) Individuals, multidisciplinary teams or other consultant teams under contract to or in arrangement with the department to give consultation to social workers or the department; (3) Federal, state, and local officials, and their agents responsible for the administration, monitoring, or auditing of ACCSB programs and legislation, including agencies administering programs for purposes of; 1401.1-5 §17-1401.1-6 (A) The administration of federal or federally assisted programs that provide assistance, in cash or in kind, or services directly to individuals on the basis of need such as: (i) Social security for supplemental security income; and (ii) Housing and community development corporation of Hawaii for the section 8 programs and the low income housing projects; or (B) An audit or similar activity, conducted in connection 1 with the administration of the department’s programs by any governmental entity that is authorized by law to’ conduct the audit or activity; (4) The office of the legislative auditor for •purposes of an audit authorized by law; (5) Poliëe departments, the prosecuto’s offices, the attorneygeneral’s office, the ombudsman’s office, or any other state or federal agency when the disclosure is made for purposes directly connected with any investigation, prosecution, or criminal or civil proceedings conducted in connection with the administration of the department’s social services, financial or medical assistance, and supplemental nutrition assistance programs. Under this paragraph, disclosure shall be permitted for such purposes as: (A) The detection, investigation, or prosecution of violations of applicable state and federal laws or regulations in connection with these programs, including any and all aspects of theft, fraud, deception, or overpayment; (B) Departmental claims against estates of deceased recipients, or initiation of paternity and nonsupport actions by the department under Title IV-D of the Social SecurityAct (42U.S.C. §5651- 662); (C) Responding to requests for information in connection with lawsuits challenging the administration of the department’s programs; and 1401.1-6 §17-1401.1-6 (D) Providing information to the ombudsman’s office investigating complaints about the administration of the department’s programs; (6) Banks, financial institutions, or any other payor of •n ACCSB warrant or check. Disclosure shall be limited to information indicating that an ACCSB warrant or check honored by the bank, institution, or payor has been forged or otherwise wrongfully presented for payment; (7) Child support enforcement agency for obtaining or enforcing a child support order under chapter S76D; (8) State or county law enforcement officers of the current residence and business address of an applicant, recipient, or perpetrator when the information is needed for: (A) An official administrative, civil, or criminal law enforcement purpose to identify the individual as a fugitive felon or parole violator; or (B) An official purpose and the department has informed the individual of the circumstance in which the individual’s addresá may be released; (9) Employees of a recognized social welfare organization. Disclosure shall only be permitted to facilitate the social welfare organization’s provision of services to the applicant or recipient; (10) Persons directly connected with the administration or enforcement of programs that are required to participate in the state income and eligibiflty verification system. Information disclosed shall be limited to that which is required to enable the state income and eligibility verification system operations and shall be protected from unauthorized disclosure; (11) Persons engaged in a bona fide research or evaluation project where prior written approval has been secured from the director specifying the limits and scope of the project; and (12) Legally authorized agendies or entities with the responsibility for enforcing licensure or certification rules and regulations for 1401.1-7