Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 10 - General Provisions › Subchapter 00 - N/A › Part 1 - General Provisions › Section 218-RICR-10-00-1.4 - Confidentiality Requirements

Current through June 14, 2024
A. The use and
				  disclosure of information concerning applicants and recipients will be limited
				  to purposes directly connected with the following:
1. The administration of the program. Such
				  purpose includes; establishing eligibility, determining the amount of
				  assistance, and providing services for applicants and recipients.
2. Any investigation, prosecution, or
				  criminal or civil proceeding conducted in connection with the administration of
				  the program.
3. The administration
				  of any other federal or state assisted program which provides assistance, in
				  cash or in kind, or services, directly to individuals on the basis of need. The
				  disclosure to any committee or legislative body (Federal, State or Local) of
				  any information that identifies, by name and address, any applicant or
				  recipient is prohibited.
4. All
				  information, such as Federal Tax Information, shall remain
				  confidential.
1.4.1
Types of
				  Information to be Safeguarded
A. The
				  types of information to be safeguarded include the following as well as any
				  information which, at the discretion of the state agency Director, is deemed
				  necessary for proper administration of the program:
1. Name and address of applicant or
				  recipient;
2. Information related
				  to the social and economic conditions or circumstances of an
				  individual;
3. Agency evaluation of
				  information about an individual;
4.
				  Medical data, including diagnosis and history of disease or disability
				  concerning an individual;
5. Any
				  other material defined in law as confidential matter;
6. Internal memos of the agency.
B. General information, not
				  identified with any particular individual, such as total expenditures made,
				  numbers of recipients, and other statistical information and social data
				  contained in general studies, reports or surveys would not fall within the
				  class of material to be safeguarded. In the use of case material for research
				  or training, it is necessary to effectively disguise the identity of the
				  applicant or recipient, his/her family and/or his/her situation.
1.4.2
Maintaining
				  Confidentiality
A. It is the
				  applicant's or recipient's right and expectation that all information requested
				  about him/her and his/her situation shall be respected and safeguarded by the
				  state agency and all its personnel. The applicant or recipient is made aware of
				  his/her right to confidentiality in the application process and in other
				  contacts with the state agency.
B.
				  The applicants' or recipient's right to privacy shall be protected during the
				  interview. There shall be no conversation on the information to be safeguarded
				  within or without state or local offices except as is necessary for purposes of
				  administrating the program. All paper records and electronic files shall be
				  properly stored and shall only be available to the staff responsible for the
				  administration and supervision of the program.
1.4.3
Release of Information
A. The release or use of information
				  concerning an applicant or recipient applying for or receiving assistance or
				  services is restricted to other agencies whose representatives are subject to
				  standards of confidentiality which are comparable to those of the state agency
				  administering the assistance and service programs.
B. DHS shall obtain permission from an
				  applicant or recipient or their family, whenever possible, before responding to
				  a request for information from an outside source, unless the information is to
				  be used to verify program eligibility.
C. In the event of the issuance of a subpoena
				  for the case record or for any DHS representative to testify concerning an
				  applicant or recipient, the request shall be transmitted to DHS legal
				  department. The Court will be advised by a DHS attorney of these rules and
				  regulations against disclosure of information. The same policy applies to
				  requests for information from a governmental authority, the courts, a law
				  enforcement official, or the media.
D. DHS exchanges information with other
				  entities to verify the income and eligibility of applicants and recipients.
				  Information made available by DHS is only to the extent necessary to assist in
				  the valid administrative needs of the program receiving the
				  information.
1.4.4
Disclosure of Tax Data
A.
				  Section
				   26 U.S.C. §
													7213(a)  of the Internal
				  Revenue Code prohibits disclosure of any return or return information.
				  Violations of this statue shall be a felony punishable by a fine in any amount
				  not exceeding $5,000, or imprisonment of not more than five (5) years, or both,
				  together with the costs of prosecution.
B. Section
				   26 U.S.C. §
													7431  of the Internal Revenue
				  Code provides that any person who knowingly, or due to negligence, discloses
				  any return or return information with respect to a taxpayer, is subject to
				  civil action for damages in a District Court of the United States.
C. Section
				   26 U.S.C. §
													6103(I)  of the
				  Internal Revenue Code does not allow for disclosure of tax data by the State
				  except when such disclosure is for the purposes of, and to the extent necessary
				  in, determining eligibility for, or the correct amount of benefits under an
				  appropriate public assistance program. The taxpayer does not have the authority
				  to authorize the Department of Human Services to disclose tax data in his/her
				  file.
1.4.5
Access
				  to Public Information
A. DHS
				  recognizes both the public's right to access public records and the
				  individual's right to dignity and privacy. It is the DHS policy to facilitate
				  public access to all public records that may be disclosed in accordance with
				  R.I. Gen. Laws Chapter 38-2. It is the policy of the DHS to ensure all public
				  records under its jurisdiction are available for public inspection and
				  reproduction consistent with all applicable state and/or federal laws, unless
				  otherwise prohibited by a court of competent jurisdiction.
B. The Executive Office of Health and Human
				  Services (EOHHS) has established regulations to set forth the specific rules to
				  access public records maintained by the Department of Human Services. (Please
				  refer to EOHHS "Access to Public Records" regulations 210-RICR- 10-05-4
				 ).
1.4.6
Penalties
				  and Sanctions
R.I. Gen. Laws §
												40-6-12 states that any person violating any of the provisions of these rules and
					 regulations shall be deemed guilty of a misdemeanor, and shall be fined not
					 more than two hundred dollars ($200) or shall be imprisoned for not more than
					 six (6) months, or both. Other provisions of law cited herein may contain
					 additional penalties and sanctions for violations of confidentiality and/or
					 privacy.