Confidentiality and Safeguarding of Information 448-01-25

IM 5391

 

General Statement 448-01-25-05

(Revised 11/1/14 ML #3418)

View Archives

 

 

Federal and state laws and regulations strictly limit the use and disclosure of confidential information concerning applicants or recipients of Economic Assistance and Health Care Coverage Programs for purposes directly related to the administration of those programs. Confidential information includes any written, verbal or electronic information that can uniquely identify an individual regardless of whether or not it is incorporated into a casefile. 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 Health Care Coverage Programs includes:

 

1. Establishing eligibility, determining amount of assistance, 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 county staff have access to information that is of a highly private nature which may include:

 

• Conversations and narratives

 

• Paper and electronic files and records

 

• Reports

 

• Eligibility systems

 

• Mail, including e-mail

 

• Faxes

 

This information may also include issues such as illegitimacy, mental illness and deficiency, criminal histories, economic distress, marital discord, and congenital deformities or other medical handicaps. Extreme discomfort, embarrassment, and harm can result for the individual or family if such information falls into the hands of unauthorized persons. For this reason, strict standards for safeguarding this information are defined in federal and state laws and regulations. Violation of these laws and regulations may be subject to penalties as defined in the Confidentiality Manual section 110-01-15.

 

Confidentiality must be maintained when contacting collateral sources for information to verify eligibility. Client identifying information must not be included in a message when contacting another agency UNLESS the message identifies the intended individual and agency.

 

Additional policies on confidentiality and safeguarding of information can be found in the Confidentiality Manual located on the County Intranet in the ‘Legal’ folder.