Haw. Code R. § 17-1702-6 - Disclosure of information to individuals or agencies

(a) Disclosure to individuals or agencies other than those specified in section 17-1702-5 shall be allowed 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;

(1) When individuals or agencies other than applicants, recipients, or legal guardians of applicants or recipients wish to obtain information, or to review a department record, the requesting party shall submit an authorization signed and dated by the applicant, recipient, or legal guardian of the applicant or recipient specifying:

(A) 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;

(B) The specific information the department is authorized to release and the purpose for which the information is being sought;

(C) Applicant or recipient's social security number or birthdate, and address; and

(D) 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;

(2) 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 I applicant's or recipient's administrative hearing appeal, there shall be no charge. In either case, actual postage cost shall be charged.

(b) 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.

(c) Disclosure to state or county law enforcement officers of the current residence and business address of a recipient, when the information is needed for:

(1) An official administrative, civil, or criminal law enforcement purpose to identify a recipient as a fugitive felon or parole violator; or

(2) An official purpose and the department has informed the recipient of the circumstances in which the recipient's address may be released.

(d) The release or use of information concerning individuals applying for or receiving medical assistance shall be:

(1) Limited by the provisions of section 17-1702-5;

(2) Limited to the purposes for which they are furnished;

(3) Subject to the standards of confidentiality of this chapter; and

(4) In accordance with HRS section 325-101, HIV/AIDS confidentiality statute.

(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 section 17-1702-5. 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) Where disclosure is not permitted for the purpose of the administration of the medical assistance 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.

Notes

Haw. Code R. § 17-1702-6

[Eff 08/01/94; am 09/14/98; am 10/21/05] (Auth: HRS §§ 346-10, 346-14, 325-101; 42 C.F.R. §431.300) (Imp: HRS §§ 92F-19; 346-10, 325-101; 42 C.F.R. §§431.305, 431.306, 45 C.F.R. §164.508)