ADMINISTRATIVE PROCEDURES MANUAL

7 AAC Alaska Administrative Code 37.010.  Safeguarding Information.

The regulations of the Department of Health and Social Services, Division of Public Assistance, must provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with administration of the assistance programs.

7 AAC Alaska Administrative Code 37.020.  Information to be Safeguarded.

Information to be safeguarded includes the following types of material:

1. Names and addresses, including lists, of applicants and recipients of assistance or Child Welfare Services;

2. Information contained in applications, reports or investigations or medical examinations, correspondence, and other records concerning the condition or circumstances of any person from whom, or about whom, information is obtained, and;

3. Records of agency evaluations of such information described in this section.

7 AAC Alaska Administrative Code 37.030.  Prohibitions Against Disclosure of Information.

The use of all public assistance information and records, including all lists of names and addresses, shall be limited to purposes directly connected with the administration of public assistance programs.  These purposes include establishing eligibility, determining amounts of assistance, and providing services.  No disclosure of information, obtained by a representative or employee of the Department, in the course of discharging its duties, may be made directly, or indirectly, other than in the administration of the programs for assistance or service.

7 AAC Alaska Administrative Code 37.040.  Authorization for Disclosure of Information.

1. The Commissioner of Health and Social Services has exclusive control and custody of all public assistance information.  For the purposes of facilitating administration of public assistance programs, the Commissioner delegates authority to the eligibility staff of the department to disclose information.  Any request for information not clearly covered by this delegation, or requiring a special determination, will be referred to the Director of Division of Public Assistance by the eligibility staff.

2. All public assistance information procured by or available to the Division of Public Assistance staff, both professional and clerical, may be used by staff members only, in accordance with 7 AAC Alaska Administrative Code 37.

7 AAC Alaska Administrative Code 37.050.  Disclosure to Law Enforcement Officers.

1. Public assistance information may not be released to federal, state or local law enforcement officers including district attorneys, U.S. marshals, or local police officers without a court order, except for purposes directly connected with the administration of public assistance program.

2. Notwithstanding (a) of this section, a provider of medical assistance as defined in 7 AAC Alaska Administrative Code 43.090(18), an employee of a provider, or the division of medical assistance, shall

1. comply with the reporting requirements of AS 47.17.010 - AS 47.17.022, if the recipient is a child; AS 47.24.010 - AS 47.24.100, if the recipient is a dependent adult; and AS 47.24.110 - AS 47.24.120, if the recipient is a disabled adult; and

Note:  

The Alaska statutes cited in (b)(1) above deal with child and adult protection.

2. report to the department and to the local law enforcement authority

1. the same information reported under (b)(1) of this section;

2. any reasonable cause to suspect that the recipient has threatened or poses a threat to the physical safety of another person and it appears possible that the threat may be carried out; or any reasonable cause to suspect that the recipient is at risk of imminent bodily harm.

3. any reason to suspect that the recipient is at risk of imminent bodily harm.

3. The reporting requirements of (b) of this section are directly connected with the administration of public assistance programs and must be done so that only information essential to note the reporting requirements of (b) of this section is disclosed.

7 AAC Alaska Administrative Code 37.060.  Disclosure in Court or Other Hearings.

No person employed by the Department of Health and Social Services in any capacity may give testimony in court or in a hearing of any nature regarding any person, record, file, paper or information connected with the administration of a public assistance program, except

1. For a purpose directly connected with the administration of a public assistance program;

2. If an applicant or recipient concerned has authorized the release of information; or

3. If a court, having been informed of the existence of policies and regulations against disclosure, orders disclosure.
    

7 AAC Alaska Administrative Code 37.070.  Staff Participation in Court or Other Hearings.

Notwithstanding 7 AAC Alaska Administrative Code 30.060, a department staff member may give testimony which is directly related to the operation of a public assistance program at a judicial or administrative hearing, including a hearing under 7 AAC Alaska Administrative Code 49 and a hearing in a prosecution for fraud involving a public assistance program.

7 AAC Alaska Administrative Code 37.080.  Disclosure to Public Officials.

Information may be released to state and municipal officials in specific cases, if the information is necessary for a purpose directly connected with the administration of a public assistance program.  This section authorizes furnishing lists of recipients, their addresses, and the amounts of their grants to the Department of Administration and the Department of Revenue in connection with the writing of public assistance warrants from certified public assistance rolls.

7 AAC Alaska Administrative Code 37.085.  Disclosure of ATAP Alaska Temporary Assistance Program Financial Information to Legislators.

1. Notwithstanding other provisions of this chapter, the division shall provide to an incumbent State of Alaska legislator financial information concerning an eligibility determination of a person applying for or receiving assistance under the Alaska Temporary Assistance program.  However, the information may be provided to the legislator only

1. Upon written request to the director of the division of public assistance on a form designated by the division that

1.  is personally signed by the legislator;

2. identifies the person for whom the information is being sought; and

3. attests that the conditions for disclosure set out in (2) and (3) of this paragraph are met;

2. If the information is being sought in connection with official purposes within the scope of the legislator's legislative functions; and

3.  If the information is related to the administration of the program, consistent with state and federal law.

2. When providing information under (a) of this section, the director shall provide the information in writing accompanied by written notification that the information is confidential and may not be disclosed, except to another incumbent State of Alaska legislator only:

1. When the conditions of (a)(2) and (a)(3) of this section are met; and

2. If accompanied by the written notification that the information is confidential and may not be further disclosed.

7 AAC Alaska Administrative Code 37.090.  Disclosure of Identifying Information.

1. District Representatives or administrative staff members may furnish identifying information to a federal, state, municipal, or hospital official, or a mortician, if the individual applicant or recipient has given their permission for the release of such information.

2. It is also permissible to release information concerning a deceased applicant or recipient to the representative of the estate of such person, or if there is not probate of their estate, to their next of kin, on the theory that such representative of next of kin stands in the position of the applicant or recipient and is entitled to the information which such applicant or recipient themselves would have been entitled to receive or disclose.

7 AAC Alaska Administrative Code 37.100.  Disclosure for Research.

Information of a statistical nature may be released for research purposes provided that such research will not result in the disclosure of the identity of the applicant or family.

7 AAC Alaska Administrative Code 37.110.  Release of Names for Charitable Purposes.

Names, either individually or in lists, shall not be furnished for use by community organizations or individuals for charitable purposes, such as distribution of Thanksgiving baskets or other contributions without the permission of the individuals concerned.

7 AAC Alaska Administrative Code 37.120.  Release of Information at Client’s Request.

1. Upon written request of a public assistance client, the Department will make the client's records available for inspection during normal business hours.

2. Upon the written request of a public assistance client, and payment of costs, subject to     7 CFR 273.15 (p), the department will provide a copy of any information in the client's records to the client or the client's designees.

7 AAC Alaska Administrative Code 37.130.  General Information.

General information, not identified with any particular individuals, such as total expenditures made, number of recipients, and other statistical information, and social data contained in general studies, reports, or surveys of welfare problems does not fall within the class of material to be safeguarded.  Its release should be accompanied, however, by appropriate explanations in an effort to assure its proper use and understanding.