Section 17-1401.1-6 - Disclosure to third parties without written authorization or court order(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.(b) Disclosure to the public may be allowed at the direction of the director of the department when: (1) The subject of the information to be disclosed has been criminally charged with committing a crime relating to the vulnerable adult abuse or neglect report;(2) A law enforcement agency or official, a state's attorney, or a judge of the state court system has publicly disclosed, as part of the person's official duty, information regarding the provision of services by the department;(3) An applicant, recipient, perpetrator, or the legal guardian of an applicant, recipient, perpetrator, or other party has voluntarily made a public disclosure concerning the provision of services by the department; or(4) The subject of the information to be disclosed is missing, has suffered a near fatality, has been critically injured, or has died.(c) In addition to subsections (a) and (b), information relating to vulnerable adult abuse, except as specified in sections 17-1401.1-4(d) and 17-1401.1-7, may be disclosed or copies of the record and other information may be released on a need to know basis and only as necessary to serve and protect the vulnerable adult and other vulnerable adults in similar situations, at the discretion of the department, to the following: (1) Grand juries, when connected with the prosecution of a vulnerable adult abuse case;(2) Legally authorized governmental, civilian, or military entities responsible for investigating or prosecuting vulnerable adult abuse or medicaid fraud;(3) Agencies or individuals authorized, contracted, licensed, or certified by the department to assess, diagnose, care, treat, supervise, or provide services to an individual who is the subject of a report of known or suspected vulnerable adult abuse;(4) Licensed physicians or other medical authority concerned that a vulnerable adult under their care may be the victim of abuse;(5) A coroner or medical examiner when there is reason to believe that a vulnerable adult has died as the result of abuse;(6) A person, including but not limited to, a guardian ad litem, legal guardian, or operator of a residential care facility who is responsible for the welfare of the vulnerable adult named;(7) Persons not otherwise listed, at the discretion of the department, to ensure the safety of a vulnerable adult subject to abuse, or to secure services or benefits for a vulnerable adult subject to abuse; and(8) An individual identified as a perpetrator of vulnerable adult abuse on whom an official departmental finding or disposition was made.(d) Disclosure to the following agencies shall be permitted to the extent necessary to provide services and to determine eligibility or amount of assistance for applicants or recipients for ACCSB programs: (1) Private social service agencies, including purchase of service providers, from which the applicant or recipient receives services according to a case plan developed by the department; and(2) Agencies administering programs under the Social Security Act under such Titles as XVI-SSI ( 42 U.S.C. §§1381 - 1383 ), IV-A AFDC ( 42 U.S.C. §§601 - 610) , XX-social services ( 42 U.S.C. §1397) .(e) The case record or information shall not be released in a judicial or administrative proceeding, either voluntarily or in response to any subpoena unless permitted by subsections (a) to (d). This includes requests or subpoenas from a governmental authority, the courts, a law enforcement official, the ombudsman's office, the attorney general's office, or from any other outside source.Haw. Code R. § 17-1401.1-6
[Eff OCT 30 2009] (Auth: HRS §§ 346-10, 346-14) (Imp: HRS §§ 92-21, 346-10, 571-84)