2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.30 - Confidentiality of records — report of recipients.

217.30 Confidentiality of records — report of recipients.
1. For purposes of this section unless the context otherwise requires, “person” means the same as defined in section 4.1.
2. The following information relative to an individual receiving services or assistance from the department shall be held confidential except as otherwise provided in subsection 5:
a. The name and address of an individual receiving services or assistance from the department, and the type of services or amount of assistance provided.
b. Information concerning the social or economic conditions or circumstances of an individual who is receiving or has received services or assistance from the department.
c. An agency evaluation of information about an individual.
d. Medical or psychiatric data, including diagnosis and past history of disease or disability, concerning an individual.
3. Information described in subsection 2 shall not be disclosed to or used by any person except for purposes of administration of a program of services or assistance, and shall not, except as provided in subsection 5, be disclosed to or used by a person outside the department unless the person is subject to standards of confidentiality comparable to those imposed on the department by this section.
4. Nothing in this section shall restrict the disclosure or use of information regarding the cost, purpose, number of individuals served or assisted by, and results of any program administered by the department, and other general and statistical information, provided the information does not identify any particular individual served or assisted.
5. a. The general assembly finds and determines that the use and disclosure of information as provided in this subsection are for purposes directly connected with the administration of the programs of services and assistance referred to in this section and are essential for their proper administration.
b. Confidential information described in subsection 2 shall only be disclosed under the following circumstances:
(1) Upon written application to and with the approval of the director or the director’s designee, confidential information described in subsection 2, paragraphs “a”, “b”, and “c”, shall be disclosed to a public official for use in connection with the public official’s duties relating to law enforcement, audits, the support and protection of children and families, and other purposes directly connected with the administration of the programs of services and assistance referred to in this section.
(2) If necessary for an individual to receive services, upon written application to and with the approval of the director or the director’s designee, confidential information described in subsection 2 shall be disclosed to a state agency, or a person that is not subject to chapter 17A, and that is providing services to the individual pursuant to chapter 239B promoting independence and self-sufficiency through employment through the job opportunities and basic skills program.
(3) Information described in subsection 2, paragraphs “a”, “b”, and “c”, in accordance with section 235A.15, subsection 10.
(4) To a multidisciplinary team as defined in section 235A.13, subsection 8, if the department approves the composition of the multidisciplinary team and the team’s sole focus is identifying services for children who are victims of, and children at risk of becoming victims of, human trafficking as defined in section 710A.1. Confidential information shall only be shared if a fully executed multidisciplinary agreement is in place between the department and the multidisciplinary team certifying that all confidential information shared between the parties to the multidisciplinary agreement shall be used solely for identifying services for children who are victims of, and children at risk of becoming victims of, human trafficking.
c. It shall be unlawful for any person to solicit, disclose, receive, use, or to authorize or knowingly permit, participate in, or acquiesce in the use of any information obtained from any such report or record for commercial or political purposes.
6. If the director or the director’s designee finds that any provision of this section will cause a program of services or assistance referred to in this section to be ineligible for federal funds, such provision shall be limited or restricted to the extent which is essential to make such program eligible for federal funds. The department shall adopt, pursuant to chapter 17A, any rules necessary to implement this subsection.
7. This section shall apply to an individual receiving assistance pursuant to chapter 252. Any report required to be prepared by the department under this section regarding assistance or services provided pursuant to chapter 252 shall be prepared by the individual appointed pursuant to section 252.26.
8. An individual that violates this section commits a serious misdemeanor.
9. This section shall take precedence over section 17A.12, subsection 7.
[C39, §3828.047; C46, 50, 54, 58, §239.10, 241.25, 249.44; C62, 66, §239.10, 241.25, 241A.16, 249.44, 249A.18; C71, 73, §239.10, 241.25, 241A.16, 249.44, 249A.8; C75, 77, 79, 81, §217.30]
93 Acts, ch 54, §1; 93 Acts, ch 97, §8; 97 Acts, ch 41, §32; 2000 Acts, ch 1088, §1; 2000 Acts, ch 1123, §1; 2004 Acts, ch 1153, §1; 2008 Acts, ch 1072, §2; 2013 Acts, ch 90, §43; 2019 Acts, ch 125, §1
Referred to in §135G.12, 135H.13, 216A.107, 217.31, 232.71D, 235A.15, 235A.17, 235A.24, 237.9, 237.21, 239B.8, 299.13
For requirement to make available requested record of reasons for excluding child from attending a hearing or meeting, see §232.91