Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 1401.1 - CONFIDENTIALITY › Section 17-1401.1-6 - Disclosure to third parties without written authorization or court order

Current through June, 2024
(a) Disclosure of all or a portion of the
				record without written authorization or court order shall be authorized when
				made pursuant to a legitimate state purpose and in accordance with section
				17-1401.1-4. A legitimate state purpose- shall include but is not limited to
				disclosure to the persons or entities listed below unless otherwise specified
				in section 17-1401.1-7:
(1) A court in the
				State for in camera review only;
(2) Individuals, multidisciplinary teams or
				other consultant teams under contract to or in arrangement with the department
				to give consultation to social workers or the department;
(3) Federal, state, and local officials, and
				their agents responsible for the administration, monitoring, or auditing of
				ACCSB programs and legislation, including agencies administering programs for
				purposes of:
(A) The administration of
				federal or federally assisted programs that provide assistance, in cash or in
				kind, or services directly to individuals on the basis of need such as:
(i) Social security for supplemental security
				income; and
(ii) Housing and
				community development corporation of Hawaii for the section 8 programs and the
				low income housing projects; or
(B) An audit or similar activity, conducted
				in connection with the administration of the department's programs by any
				governmental entity that is authorized by law to conduct the audit or
				activity;
(4) The office
				of the legislative auditor for purposes of an audit authorized by
				law;
(5) Police departments, the
				prosecutors' offices, the attorney general's office, the ombudsman's office, or
				any other state or federal agency when the disclosure is made for purposes
				directly connected with any investigation, prosecution, or criminal or civil
				proceedings conducted in connection with the administration of the department's
				social services, financial or medical assistance, and supplemental nutrition
				assistance programs. Under this paragraph, disclosure shall be permitted for
				such purposes as:
(A) The detection,
				investigation, or prosecution of violations of applicable state and federal
				laws or regulations in connection with these programs, including any and all
				aspects of theft, fraud, deception, or overpayment;
(B) Departmental claims against estates of
				deceased recipients, or initiation of paternity and nonsupport actions by the
				department under Title IV-D of the Social Security Act (
				42 U.S.C.
				§§651 - 662 ) ;
(C) Responding to requests for information in
				connection with lawsuits challenging the administration of the department's
				programs; and
(D) Providing
				information to the ombudsman's office investigating complaints about the
				administration of the department's programs;
(6) Banks, financial institutions, or any
				other payor of an ACCSB warrant or check. Disclosure shall be limited to
				information indicating that an ACCSB warrant or check honored by the bank,
				institution, or payor has been forged or otherwise wrongfully presented for
				payment;
(7) Child support
				enforcement agency for obtaining or enforcing a child support order under
				chapter
				576D;
(8) State or county law enforcement officers
				of the current residence and business address of an applicant, recipient, or
				perpetrator when the information is needed for:
(A) An official administrative, civil, or
				criminal law enforcement purpose to identify the individual as a fugitive felon
				or parole violator; or
(B) An
				official purpose and the department has informed the individual of the
				circumstance in which the individual's address may be released;
(9) Employees of a recognized
				social welfare organization. Disclosure shall only be permitted to facilitate
				the social welfare organization's provision of services to the applicant or
				recipient;
(10) Persons directly
				connected with the administration or enforcement of programs that are required
				to participate in the state income and eligibility verification system.
				Information disclosed shall be limited to that which is required to enable the
				state income and eligibility verification system operations and shall be
				protected from unauthorized disclosure;
(11) Persons engaged in a bona fide research
				or evaluation project where prior written approval has been secured from the
				director specifying the limits and scope of the project; and
(12) Legally authorized agencies or entities
				with the responsibility for enforcing licensure or certification rules and
				regulations for individuals, facilities, or other entities identified in a
				vulnerable adult abuse case, such as but not limited to the following:
(A) The department of health as the licensing
				or certifying authority for health care facilities; and
(B) The department of commerce and consumer
				affairs as the licensing or certifying authority for professional and
				vocational occupations.