REPORT TITLE:
DHS Records


DESCRIPTION:
Allows DHS to make disclosure if its records in accordance with
its rules on confidentiality as required by federal law.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DISCLOSURE OF DEPARTMENT OF HUMAN SERVICES' RECORDS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 346-10, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The department [of human services] and its agents
 
 4 shall keep records that may be necessary or proper in accordance
 
 5 with this chapter.  All applications and records concerning any
 
 6 applicant or recipient shall be confidential.  The use or
 
 7 disclosure of information concerning applicants and recipients
 
 8 shall be limited to:
 
 9      (1)  Persons duly authorized by the State or the United
 
10           States in connection with their official duties, when
 
11           the official duties are directly connected with the
 
12           administration of any form of public assistance,
 
13           medical assistance, food stamps, or social services;
 
14      (2)  Purposes directly connected with any investigation,
 
15           prosecution, or criminal or civil proceeding conducted
 
16           in connection with the administration of any form of
 
17           public assistance, food stamps, medical assistance, or
 
18           social services, including disclosure by the
 
19           department, of information and documents to police
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           departments, prosecutors' offices, the attorney
 
 2           general's office, or any other state, county, or
 
 3           federal agency engaged in the detection, investigation,
 
 4           or prosecution of violations of applicable state,
 
 5           county, and federal laws or regulations regarding any
 
 6           aspect of theft, fraud, deception, or overpayment in
 
 7           connection with any aspect of public assistance, food
 
 8           stamps, medical assistance, or social services;
 
 9           provided that disclosure by recipient agencies and
 
10           personnel [is] shall be permitted under this section to
 
11           the extent reasonably necessary to carry out the
 
12           functions for which the information was provided;
 
13      (3)  Disclosure to the extent necessary to provide services
 
14           for applicants and recipients, to determine
 
15           eligibility, or to determine the amount of public
 
16           assistance, [the determination is to include] including
 
17           verification of information provided by the recipient
 
18           of public assistance, medical assistance, or food
 
19           stamps, or to determine the type, kind, frequency, and
 
20           amount of social services, including health and mental
 
21           health related services needed;
 
22      (4)  Disclosure to banks, financial institutions, or any
 
23           other payor of a public assistance warrant or check of
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           any information indicating that a public assistance
 
 2           warrant or check honored by the bank, institution, or
 
 3           payor has been forged or otherwise wrongfully presented
 
 4           for payment;
 
 5      (5)  Federal agencies responsible for the administration of
 
 6           federally assisted programs, that provide assistance[,]
 
 7           in cash or in kind[,] for services[,] directly to
 
 8           individuals on the basis of need; and certification of
 
 9           receipt of assistance to needy families with minor
 
10           dependents to an employer for purposes of claiming tax
 
11           credit under Public Law 94-12, the Tax Reduction Act of
 
12           1975, shall be permitted;
 
13      (6)  Employees acting within the scope and course of their
 
14           employment of recognized social welfare organizations
 
15           as may be approved by the department;
 
16      (7)  Purposes directly connected with any investigation,
 
17           prosecution, or criminal proceeding conducted in
 
18           connection with the licensure or operation of an adult
 
19           day care center, including disclosure by the
 
20           department, of information and documents to police
 
21           departments, prosecutors' offices, the attorney
 
22           general's office, or any other state, county, or
 
23           federal agency engaged in the detection, investigation,
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1           or prosecution of violations of applicable state,
 
 2           county, and federal laws or regulations;
 
 3      (8)  Disclosure to the child support enforcement agency for
 
 4           obtaining or enforcing a child support order under
 
 5           chapter 576D;
 
 6      (9)  Purposes directly connected to and necessary for the
 
 7           career planning, job training, education, job
 
 8           placement, or employment of participants in the
 
 9           workfare program under part IX; [and]
 
10     (10)  Disclosure of a recipient's residence and business
 
11           address to law enforcement officers who request
 
12           information if the information is needed for an
 
13           official administrative, civil, or criminal law
 
14           enforcement purpose to identify a recipient as a
 
15           fugitive felon or parole violator, and in cases where
 
16           the information is needed for an official purpose and
 
17           where the department has informed the recipient of the
 
18           circumstances in which the recipient's address may be
 
19           released under section 92F-19(a)(1), (3), or (4)[.];
 
20           and
 
21     (11)  Disclosure of reports and records relating to child
 
22           abuse or neglect to the extent allowed by rules adopted
 
23           under section 350-1.4."
 

 
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 1      SECTION 2.  Section 350-1.4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]350-1.4[]]  Confidentiality.(a)  All reports to the
 
 4 department concerning child abuse or neglect made pursuant to
 
 5 this chapter, as well as all records of such reports, are
 
 6 confidential.  The director may adopt rules, pursuant to chapter
 
 7 91, to provide for the confidentiality of reports and records and
 
 8 for the authorized disclosure of reports and records.  Any person
 
 9 who intentionally makes an unauthorized disclosure of a report or
 
10 record of a report made to the department shall be guilty of a
 
11 misdemeanor.
 
12      (b)  Every reasonable good faith effort shall be made by the
 
13 department to maintain the confidentiality of the name of a
 
14 reporter who requests that the reporter's name be confidential.
 
15      (c)  Notwithstanding subsection (a) and section 346-10, the
 
16 director may adopt rules pursuant to chapter 91 to provide for
 
17 the release of information required by federal statute or
 
18 regulation."
 
19      SECTION 3.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 4.  This Act shall take effect on July 1, 1999.