Confidentiality 400-19-15-15

(Revised 6/1/10 ML #3225)

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Federal and state law recognizes the privacy rights of individuals who receive services and assistance under programs administered by the Department. Confidentiality safeguards go into effect from the initial contact between the client and the Department. Initial contact may be as early as an inquiry about the application process or availability of services, depending on what personally identifying information was obtained. The safeguards apply to any personally identifying information, whether written or oral, and whether or not it is incorporated into the client’s records. Safeguards continue to be in effect as long as services or assistance are provided and continue afterwards indefinitely.  They are not terminated by the cessation of services or assistance, or by the client’s death. Safeguards continue to be in effect indefinitely even for applicants who do not become recipients.

 

North Dakota Department of Human Services including county Eligibility Staff may exchange information regarding a client to another unit of the Department upon a showing that the requesting unit has a need to know the information in order to perform its duties, for payment purposes, or to administer its program. In most situations, no written authorization by the client shall be required prior to exchange of the requested information.

 

Information concerning households receiving TANF may be released only for purposes directly connected with the administration of the program. Agencies and individuals other than those specified below, who are requesting information concerning households receiving TANF must obtain and provide a signed release of information from the parent/individual, legal guardian or an agency who has care, custody and control of a child prior to the information being disclosed. This includes:

  1. Information regarding an individual who received assistance in one case and is now being added to another case, cannot be transferred from the old casefile to the new casefile without a signed release of information from the Primary Individual of the old case.

Exception#1: The individual added to the new case is now an adult eligible in their own right and was a child in the previous case. If the individual indicates they received assistance in another case that individual’s information can be added to the new case without a signed Release of Information.

 

Exception #2: Both parents of a child were part of the old case and the Primary Individual of the new case is one of the parents from the old case and no legal action has been filed (separation, divorce, etc.).  

Note: Once legal action has been initiated, information from the old case cannot be added to the new case without a signed Release of Information.

 

  1. Other individuals within the county agency or a partner agency (county social workers, housing assistance program staff, Professional Association of Treatment Homes (PATH), Division of Juvenile Services (DJS), Tribal Social Services staff, etc.), who are requesting information provided the information is not for the purpose of determining eligibility for the TANF Program.

Exception #1: Verification of a child’s SSN and Birth may be shared with a social worker or eligibility worker within the county agency in order to determine eligibility for Foster Care Assistance.

 

Exception #2:  When an employee of a Social Service Agency in another State requests information regarding an individual applying for assistance in that State, the information can be released without a signed Release of Information.

Note: Information obtained through the Vital Statistic Interface cannot be shared with the applicant/recipient or any other agency.

 

Exception #3: When an employee of the Social Security Administration requests information regarding TANF benefits in order to determine eligibility for Social Security or Supplemental Security Income benefits, the information can be released without a signed Release of Information.

 

Exception #4: Upon the written request of an elected public official, the name, address, and amount of assistance received by a TANF household may be released without a signed Release of Information.

 

Exception #5: Confidentiality provisions of the law allow for cooperation with and provision of pertinent information to the Child Support Enforcement Agency as a means of assisting in locating and obtaining support from an absent parent, establishing paternity, etc. Therefore, information may be released without a signed Release of Information.

 

In accordance with agreements with the Social Security Administration (SSA) and the Internal Revenue Service (IRS), information received from either of these agencies may only be used to determine eligibility for TANF Program.  

Note: SSA or IRS information provided by the client may be shared with other agencies upon receipt of a signed release of information from the client.

 

In accordance with the agreement with Vital Statistics, the Vital Statistic information is owned by Vital Statistics at the State Health Department. Information received through the Vital Statistics Interface is to be used by TANF Eligibility Workers to verify birth and relationship information received from applicants and recipients. This information cannot be released to the applicant or recipient or any other agency and can only be used for the purpose of determining eligibility.

 

Federal and State regulations authorize the Department to disclose the current address of a TANF recipient to state or local law enforcement officials at their request, and without written recipient consent. The law enforcement officer must provide the name and social security number of the recipient, and must demonstrate all of the following:

  1. The recipient is a fugitive felon, as defined by state law;and

  2. The officer’s duties include the location or apprehension of the felon; and

  3. The request is made pursuant to proper exercise of the officer’s duties. (45 C.F.R. § 205.50).

 

For additional considerations, including guidelines to county personnel who are subpoenaed to testify in court, see:

  1. Service Chapter 110-01, Confidentiality;

  2. Service Chapter 449-05-30, Confidentiality and Safeguarding Information; and

  3. North Dakota Administrative Code (N.D.A.C.) Section 75-01-02.