Section 17-601-3 - Restrictions against disclosure of information to persons other than applicants and recipients(a) This section does not apply to: (1) Individuals receiving support services under chapter 17-920.1, which have disclosure provisions applicable to those individuals; or(2) Information which identifies any individual who has or has been tested for HIV/AIDS. Disclosure provisions as specified in section 17-601-3.01 shall apply to those individuals.(b) The following information shall be confidential and shall not be used or disclosed except as provided in subsection (c):(1) Names and addresses of applicants and recipients, and amounts of assistance provided. This includes prohibition against release of information to any federal, state, or local committee or legislative body;(2) Information related to the social and economic condition or circumstances of a particular individual, whether or not an applicant or recipient, including wage information obtained from the state department of labor and industrial relations or from Social Security Administration;(3) DHS-BESSD's evaluation of recorded or unrecorded information about a particular individual, whether or not an applicant or recipient;(4) Medical, psychological, or psychiatric data, including diagnosis and past history of disease or disability of a particular individual, whether or not an applicant or recipient;(5) Correspondence concerning a particular individual, whether or not an applicant or recipient; and(6) The name of the worker or unit in which the case is or was active.(c) The use or disclosure of any of the information specified in subsection (b) shall be limited to the following persons or purposes and, unless otherwise stated, this excludes inspection of the entire case record: (1) Disclosure for purposes directly connected with the administration of financial assistance, food stamp, and support services programs; (A) Only the employees of the DHS-BESSD and the United States government in the performance of the employees' official duties shall have access to the entire case record;(B) Disclosure shall be allowed to the extent necessary to provide services and to determine eligibility or amount of assistance for applicants or recipients under the financial assistance, food stamp, and support services programs identified in sections 17-601-1;(C) Under this paragraph, disclosure to the following agencies shall be permitted: (i) Private social service agencies, including purchase of service (POS) providers, from which the applicant or recipient receives services according to a DHS-BESSD barrier removal, employment, and support services plan; and(ii) Agencies administering programs under the Social Security Act under such titles as XVI-SSI ( 42 U.S.C. §§1381 - 1383 ), IV-A AFDC ( 42 U.S.C. §§601 - 610) , XX-Social Services ( 42 U.S.C. §1397);(2) Disclosure for purposes directly connected with any investigation, prosecution, or criminal or civil proceedings conducted in connection with the administration of the financial assistance, food stamp, and support services programs identified in section 17-601-1. Under this paragraph, disclosure shall be permitted: (A) To police departments, prosecutors' offices, the attorney general's office, the ombudsman's office, or any other state or federal agency, provided that disclosure to the ombudsman's office in connection with the administration of the food stamp program shall not be permitted unless authorized in writing by the recipient; and(B) For such purposes as: (i) 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;(ii) DHS-BESSD's claims against estates of deceased recipients, or initiation of paternity and nonsupport actions by DHS-BESSD under title IV-D of the Social Security Act ( 42 U.S.C. §§651 - 662);(iii) Responding to requests for information in connection with lawsuits challenging the administration of financial assistance, food stamp, or support services programs; and(iv) Providing information to the ombudsman's office investigating complaints about the administration of support services, and financial assistance and food stamp programs;(3) Disclosure for purposes of the administration of other federal or federally assisted programs which provide assistance, in cash or in kind, or services directly to individuals on the basis of need. Under this paragraph disclosure shall be permitted for purposes of administering programs such as: (A) Social security - supplemental security income; and(B) Housing and community development corporation of hawaii for the section 8 programs and the low income housing projects;(4) Disclosure to banks, financial institutions or any other payor of a support services or financial assistance warrant or check. Under this paragraph, disclosure shall be limited to 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) Disclosure to the state department of labor and industrial relations or other certifying agency that an individual has been an aid to families with dependent children recipient pursuant to 42 U.S.C. §601 - 610;(6) Disclosure for purposes of an audit or similar activity, such as a financial review or review of expenditure reports, conducted in connection with the administration of the financial assistance, or food stamp, or support services programs by any governmental entity which is authorized by law to conduct the audit or activity;(7) Disclosure to state or county law enforcement officers of the current residence and business address of a recipient, when the information is needed for: (A) An official administrative, civil, or criminal law enforcement purpose to identify a recipient as a fugitive felon or parole violator; or(B) An official purpose and the department has informed the recipient of the circumstance in which the recipient's address may be released;(8) Disclosure to individuals or agencies other than those specified in paragraphs (1) to (7) only when a written authorization has been obtained from the applicant, the recipient, or the legal guardian of the applicant or recipient. The written authorization shall specifically include the applicant's, recipient's, or legal guardian's consent to have the information released or the record reviewed; (A) When individuals or agencies other than applicants, recipients, or legal guardians of applicants or recipients wish to obtain information, or to review a DHS-BESSD record, the requesting party shall submit an authorization, signed and dated by the applicant, recipient, or legal guardian of the applicant or recipient specifying: (i) The name of the individual or agency authorized to receive the information or to review the record, and the individual's agency connection, if any;(ii) The specific information the DHS-BESSD is authorized to release and the purpose for which the information is being sought;(iii) Applicant or recipient's social security number or birth date, and address; and(iv) The expiration date, or expiration event that relates to the applicant or recipient 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;(B) Reproduced copies of information requested shall be provided at a cost related to the cost of reproduction. When the information is required for the purpose of presenting the applicant's or recipient's fair hearing appeal, there shall be no charge. In either case, actual postage cost shall be charged; and(9) Disclosure to employees of a recognized social welfare organization. Under this paragraph, disclosure shall be permitted only for applicants or recipients of purely state-funded financial assistance and support services and only to facilitate the social welfare organization's provision of services to the applicants or recipients.(10) Disclosure to persons directly connected with the administration or enforcement of programs which are required to participate in the State income and eligibility verification system (IEVS). Information disclosed shall be limited to that which is required to enable IEVS operations and shall be protected from unauthorized disclosure as required by the rules established by the information provider.(11) For the food stamp program, disclosure to any federal, state or county law enforcement officer of the address, social security number, and, if applicable, photograph of a food stamp recipient if the officer furnishes the recipient's name and notifies the department that the individual: (A) Is fleeing to avoid prosecution, custody, or confinement for a felony;(B) Is violating a condition of parole or probation; or(C) Has information necessary for the officer to conduct an official duty related to a felony for parole violation.(d) The release or use of information concerning individuals applying for or receiving assistance or services from financial assistance, food stamp, or support services programs identified in section 17-601-1 shall be: (1) Limited by the provisions of subsection (c);(2) Limited to the purposes for which they are furnished; and(3) Subject to the standards of confidentiality of this chapter.(e) The case record or information shall not be released in a judicial or administrative proceeding, either voluntarily or in response to any subpoena unless permitted by subsection (c). This includes requests or subpoenas from a governmental authority, the courts, a law enforcement official, the ombudsman's office, the attorney general's office, or from any other outside source.(f) The provisions of this section shall not apply to the disclosure of information, documents, and records relating to adoption or child abuse filed in court. Provisions for disclosure of information, documents, and records relating to adoption or child abuse are specified in section 17-601-5.(g) Where disclosure is not permitted for the purpose of the administration of the support services, financial assistance and food stamp programs, the family or individual shall be informed whenever possible of a request for information from an outside source, and permission shall be obtained to meet the request. In an emergency situation, when the individual's consent for the release of information cannot be obtained, the individual shall be notified immediately.[Eff 7/19/82; am 6/6/83; am 7/23/84; am 4/20/85; am 9/29/86; am 10/5/91; am and comp 3/19/93; am 8/1/94; am 10/28/96; am 9/26/97; am and comp 7/18/05] (Auth: HRS §§ 92F-26, 346-10, 346-14; 45 C.F.R. §205.50) (Imp: HRS §§ 92-21, 92F-14; 346-10, 571-84; 45 C.F.R. §205.50; 42 U.S.C. §601 - 610 )