Confidentiality and Safeguarding of Information 448-01-25

 

General Statement 448-01-25-05

(Revised 5/1/2024 ML #3821)

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Federal and state laws and regulations strictly limit the use and disclosure of confidential information concerning applicants or participants or members of Economic Assistance and Medicaid Programs. North Dakota Century Code, Section 50-06-15, prohibits the disclosure of any information about persons applying for or receiving assistance under any program administered by the Department.

 

Confidential information includes any written, verbal or electronic information that can uniquely identify an individual regardless of whether it is documented. Safeguards go into effect with the initial contact which may be as early as an inquiry of the application process or availability of services. Safeguards remain in effect indefinitely and are not terminated by the cessation of services or assistance or by an individual’s death.

 

Information relating to direct administration of Economic Assistance and Medicaid Programs includes:

 

1. Determining eligibility, assistance amounts, and providing needed services for recipients; and

 

2. Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of such programs.

 

State and Human Service Zone staff have access to sensitive information that is of a highly including:

 

• Conversations and narratives

 

• Paper and electronic files and records

 

• Reports

 

• Eligibility systems

 

• Mail, including e-mail

 

• Faxes

 

Confidentiality must be maintained when contacting collateral sources for information to verify eligibility. Identifying information must not be included in a message when contacting another agency.

 

State and Human Service Zone staff are not mandatory reporters of suspected cases of child abuse unless the fall under one of the following categories:

 

• Social worker

• Physician

• Nurse

• Dentist

• Optometrist

• Dental hygienist

• Medical examiner or coroner

• Any other medical or mental health professional

• Religious practitioner of the healing arts

• Schoolteacher or administrator

• School counselor

• Addiction counselor

• Child care worker

• Foster parent

• Police or law enforcement officer

• Juvenile Court personnel

• Probation officer

• Division of Juvenile Services employee

• Member of the clergy having knowledge of or reasonable cause to suspect that a child is abused or neglected, or has died as a result of abuse or neglect.

   

Staff who are not mandatory reporters are strongly encouraged to report suspected child abuse and neglect to appropriate child protection staff. Only information other than SNAP and Medicaid information, requested on the SFN 960, Report of Suspected Child Abuse or Neglect, can be shared with child protection staff. Specific case information must not be shared.

 

Note: Regulations do not allow the disclosure of SNAP or Medicaid information to child protection staff.

 

Protective Service Alerts

Periodically, eligibility staff receive ‘Protective Service Alerts’ from the North Dakota Department of Health and Human Services, Children and Family Services (CFS) Section and other States. These alerts request information of a family’s whereabouts.

 

When Human Service Zone staff receive these e-mails, while it does not fall under ‘administration of the programs’, and since specific information regarding eligibility or benefits is not being disclosed, it is allowable to disclose to the requestor as well as to their own county child protective service unit, the county and state, in which the individual is residing and the county social service office that may be contacted for child protective service information.

 

Any additional information, including ‘How eligibility staff knows this information’ or ‘The family has applied or is receiving services’ may NOT be disclosed.

 

Training and Awareness: All employees are required to undergo training on safeguarding and confidentiality policies. Regular reminders and updates will be provided to ensure compliance with these guidelines.

 

Escalation of Concerns: Any concerns or breaches of confidentiality regarding voicemail messages should be promptly reported to the appropriate supervisor or designated compliance officer.

 

Compliance with Regulations: This policy aligns with applicable laws and regulations governing client confidentiality, including but not limited to North Dakota Century Code §§ 50-06-15 and 12.1-13-01., 26 U.S.C. § 6103, HIPAA (Health Insurance Portability and Accountability Act) and Privacy Act of 1974.

 

Additional policies on confidentiality can be found on the Intranet.

• Human Service Zone HR Policies.docx (sharepoint.com)

• DHSS HR Policy Manual.docx (sharpoint.com)

• When Protected Health Information is a concern, refer to: DHHS SC 110-01 Confidentiality

 

By adhering to this policy, we demonstrate our commitment to safeguarding the privacy and confidentiality of our clients. Failure to comply with these guidelines may result in disciplinary action, up to and including termination of employment.