Or. Admin. Code § 411-005-0010 - Disclosure of Information to the Client or Third Party

This rule applies to programs covered by chapter 411 of the Oregon Administrative Rules.

(1) Except as provided in section (2) of this rule and OAR 410-014-0030:

(a) The Department must make information in a client case record or record of service as defined in 411-320-0070 available to the client or anyone authorized by the client.

(b) Information that was obtained from a third party, becomes part of the case record of the client and is available to the client.

(c) Case record information may be requested by the client and released to the client or third party by telephone. The client must satisfy the local office as to their identity. A verbal authorization from the client is permitted to allow verbal release of case record information specified by the client to third parties. Each authorization is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given.

(2) The Department may withhold from clients information that was obtained from a confidential informant if all of the following are true:

(a) The information was submitted to the Department in confidence.

(b) The information was not required by law to be submitted.

(c) The information can reasonably be considered confidential.

(d) The Department has obliged itself not to disclose the information.

(e) The information is not a part of the case record.

(f) The public interest would suffer if the information were disclosed.

(3) An employee designated by the Department or local office must be present while the client or the authorized third party has access to the case record. No one except a Department or local office employee is allowed to remove any material from the case record.

(4) Except for HIV information and the provisions in 411-005-0045, client information may be exchanged with other governmental or private, non-profit agencies if necessary to assist the individual in accessing other governmental or private, non-profit services that will benefit or serve the individual. Reasonable efforts must be made to obtain authorization in advance.

(5) Disclosure of individually identifying information concerning clients without their authorization is allowed for purposes outlined in 410-014-0020 and for purposes directly connected with:

(a) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of an assistance or service program; or

(b) The administration of any other federal or federally assisted program which provides assistance in cash, in-kind or services directly to individuals on the basis of need.

(6) The Department will disclose only the minimum amount of information necessary for the purpose. The "minimum necessary" standard is described in OAR 410-014-0040.

Notes

Or. Admin. Code § 411-005-0010

SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

Stat. Auth.: ORS 410.140, 410.150, 411.060

Stats. Implemented: ORS 410.140, 410.150, 411.060, 411.300, & 411.320