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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES,
AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES

 

DIVISION 5

PRIVACY OF PROTECTED INFORMATION

[ED. NOTE: Seniors and People with Disabilities also will adhere to the Privacy of Protected Information Rules in chapter 407, division 014.]

411-005-0010

Disclosure of Information to the Client or Third Party

This rule applies to programs covered by chapter 411 of the Oregon Administrative Rules.

(1) Except as provided in section (2) of this rule and OAR 410-014-0030:

(a) The Department must make information in a client case record or record of service as defined in 411-320-0070 available to the client or anyone authorized by the client.

(b) Information that was obtained from a third party, becomes part of the case record of the client and is available to the client.

(c) Case record information may be requested by the client and released to the client or third party by telephone. The client must satisfy the local office as to their identity. A verbal authorization from the client is permitted to allow verbal release of case record information specified by the client to third parties. Each authorization is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given.

(2) The Department may withhold from clients information that was obtained from a confidential informant if all of the following are true:

(a) The information was submitted to the Department in confidence.

(b) The information was not required by law to be submitted.

(c) The information can reasonably be considered confidential.

(d) The Department has obliged itself not to disclose the information.

(e) The information is not a part of the case record.

(f) The public interest would suffer if the information were disclosed.

(3) An employee designated by the Department or local office must be present while the client or the authorized third party has access to the case record. No one except a Department or local office employee is allowed to remove any material from the case record.

(4) Except for HIV information and the provisions in 411-005-0045, client information may be exchanged with other governmental or private, non-profit agencies if necessary to assist the individual in accessing other governmental or private, non-profit services that will benefit or serve the individual. Reasonable efforts must be made to obtain authorization in advance.

(5) Disclosure of individually identifying information concerning clients without their authorization is allowed for purposes outlined in 410-014-0020 and for purposes directly connected with:

(a) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of an assistance or service program; or

(b) The administration of any other federal or federally assisted program which provides assistance in cash, in-kind or services directly to individuals on the basis of need.

(6) The Department will disclose only the minimum amount of information necessary for the purpose. The "minimum necessary" standard is described in OAR 410-014-0040.

Stat. Auth.: ORS 410.140, 410.150, 411.060
Stats. Implemented: ORS 410.140, 410.150, 411.060, 411.300, & 411.320
Hist.: SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

411-005-0015

Release of Information to a Law Enforcement Officer

For any program covered by chapter 411 of the Oregon Administrative Rules:

(1) The Department may provide client information only to a law enforcement officer in any of the following situations:

(a) The law enforcement officer is involved in carrying out public assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department's benefit programs.

(b) The disclosure is required or authorized by statute or administrative rule.

(2) The Department may give a client's current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client's name, and states that the client --

(a) Is a fugitive felon or is violating parole or probation; or

(b) Has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer's official duties.

(3) The Department will notify the Oregon State Police with the name, address, and other requested identifying information of an client individual who receives services, benefits, or assistance, if the Department is aware of a pending warrant for the arrest of a client.

Stat. Auth.: ORS 410.140, 410.150
Stats. Implemented: ORS 410.140, 410.150, 659A.212
Hist.: SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

411-005-0020

Release of Information to a State or Federal Legislative Body or Committee

(1) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body without written consent of the client.

(2) The Department may disclose the minimum necessary information about a client to a public official who has been asked by the client to review an action taken by the Department.

Stat. Auth.: ORS 410.140 & 411.300
Stats. Implemented: ORS 410.140 & 410.150
Hist.: SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

411-005-0035

Release of Information in Judicial Proceedings

(1) Client specific information must not be divulged in any judicial proceeding unless:

(a) The proceeding is directly connected with administration of public assistance or service under chapter 411 of the Oregon Administrative Rules; or

(b) The client has given written authorization for release of specific information at the judicial proceeding; or

(c) A judge orders the release of the information.

(2) Except in the presence of one of these three conditions, no information will be released in any form during any stage of a judicial proceeding either voluntarily or as the result of a subpoena.

(3) When appearing before the court in a judicial proceeding where the proceeding are not directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules and there is no written client authorization that permit the release of information, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 411.117, 411.320, and 418.130). The employee requests the court's guidance about testifying under the statutes.

Stat. Auth.: ORS 410.140 & 411.300
Stats. Implemented: ORS 410.150
Hist.: SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

411-005-0045

Release of Alcohol and Drug and Mental Health Reports

(1) Unauthorized use, disclosure and redisclosure of alcohol and drug treatment information and mental health information is prohibited.

(2) A client has the right to restrict to what entity or person and for what purpose treatment information may be disclosed.

(3) The client's right to limit use and disclosure of alcohol and drug and mental health information must be communicated to the client.

Stat. Auth.: ORS 410.140 & 411.300
Stats. Implemented: ORS 410.140 & 410.150, 179.505
Hist.: SSD 1-1984, f. & ef. 2-1-84; SPD 24-2006, f. 6-27-06 cert. ef. 7-1-06

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