UPM 1020.10 - Releasing Information

CONNECTICUT DEPARTMENT OF SOCIAL SERVICESPRIVATE UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 4-1-87 Transmittal: UP-87-1 1020.10 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: AFDC Disclosure of Information AABD _______________________________________________________________ MA Subject: [FS] Releasing Information SNAP ______________________________________________________________________________

1020.10 A. When Information is Released

The Department releases information concerning the assistance unit only for purposes directly connected with:

1. the administration of the Department's programs. Such purposes include:

a. establishing eligibility for assistance under the program;

b. determining the amount of assistance; or

c. providing services for the assistance unit under the program;

2. an investigation, prosecution [,] or civil or criminal proceeding related to the administration of the Department's program. The following activities are considered related to the administration of the program:

a. collecting overpayments or other recoveries;

b. investigating fraud cases;

c. locating legally liable relatives when required by law; or

d. collecting support payments when required by law;

3. the administration of any other federal or federally assisted program which provides assistance in cash, or in kind, or services directly to individuals on the basis of need;

4. certification of receipt of AFDC to an employer for the purposes of claiming tax credit under Public Law 94-12, the Tax Reduction Act of 1975;

5. an audit or similar activity conducted in connection with the administration of the program by any governmental entity authorized by law to conduct such audit or activity; or

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 6/1/10 Transmittal: UP-10-04 1020.10 page 2 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: AFDC Disclosure of Information AABD _______________________________________________________________ MA Subject: [FS] Releasing Information SNAP ______________________________________________________________________________

1020.10 A. When Information is Released (continued)

6. The Department is required to provide any Federal, State, or local law enforcement officer with the address, social security number and the photograph (if available) of any household member of a [Food Stamp] SNAP assistance unit under certain conditions. These conditions are:

a. The [Food Stamp] SNAP assistance unit member:

1) must be fleeing to avoid prosecution, custody [,] or confinement for a crime or attempt to commit a crime that is a felony; [or]

2) must be in violation of probation or parole imposed under Federal or State law; or

3) must have information that is necessary for the officer to conduct an official inquiry related to[numbers a. 1 or a. 2.] subsection A.6.a.1 or A.6.a.2 of this section.

b. The law enforcement officer must have as his or her official duty the location or apprehension of the member and be exercising his request for information pursuant to that official duty.

B. Release to Governmental Agencies

The Department does not disclose any information identifying the assistance unit by name or address to any federal, state or local committee or legislative body other than for purposes described in [paragraph A.] subsection A of this section.

C. Standards of Confidentiality for Those Who Receive Information

The Department releases information concerning the assistance unit only to persons or agency representatives who protect the assistance unit's confidentiality using the same standards of confidentiality as the Department.

D. Department Explains Confidentiality Policy

The Department informs the person or agency representative to whom information is disclosed of the Department's policy concerning confidentiality, including that the information released must be kept confidential to the same extent as the Department does.

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 4-1-87 Transmittal: UP-96-17 1020.10 page 3 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: AFDC Disclosure of Information AABD _______________________________________________________________ MA Subject: [FS] Releasing Information SNAP ______________________________________________________________________________

1020.10 E. Consent from Assistance Unit

1. The Department obtains permission from the assistance unit, whenever possible, before disclosing information to an outside source. In an emergency situation, if the Department does not have time to obtain the unit's consent, the Department notifies the unit immediately after disclosing the information.

2. Situations in which consent from the assistance unit is not necessary include, but are not limited to:

a. investigations of alleged fraud; and

b. verifications obtained under the [Income Verification Eligibility System] Income Eligibility Verification System (IEVS). F. Court Cases

If a court issues a subpoena for a case record or for a Department representative to testify concerning the assistance unit, the Department informs the court of state and federal law and Departmental policy restricting the disclosure of information. If the court still insists on disclosure, the Department complies.

G. Examination of Case Record by the Assistance Unit

1. The Department allows the assistance unit or its authorized or legal representative an adequate time to examine the unit's case record prior to and during a scheduled Fair Hearing.

2. Subject to the restrictions described below, the Department discloses information contained in the assistance unit's case record to the unit or unit's authorized or legal representative at any time during normal work hours if the unit requests disclosure in writing. If the person making the request is not a member of the assistance unit, the person must have written permission from the unit to obtain disclosure.

CONNECTICUT DEPARTMENT OF SOCIAL SERVICES UNIFORM POLICY MANUAL ______________________________________________________________________________ Date: 6/1/10 Transmittal: UP-10-04 1020.10 page 4 ______________________________________________________________________________ Section: Type: Rights and Responsibilities POLICY ______________________________________________________________________________ Chapter: Program: AFDC Disclosure of Information AABD _______________________________________________________________ MA Subject: [FS] Releasing Information SNAP ______________________________________________________________________________

1020.10 G. Examination of Case Record by the Assistance Unit (continued)

3. The Department does not disclose confidential information in the assistance unit's case record to the unit if the information contains:

a. the names of individuals who have disclosed information about the assistance unit without the unit's knowledge; [or]

b. [the nature or status of a pending criminal prosecution;]information compiled in reasonable expectation of, or for use in, a civil or criminal proceeding; or

c. medical, psychiatric[,] or psychological data concerning the unit and the Department determines that disclosure would be detrimental to the unit.

4. If the Department decides not to disclose information contained in the assistance unit's case record to the unit, the Department informs the unit of its right to appeal this decision to the Superior Court within 30 days of the decision. SHAPE \* MERGEFORMAT 5. If the Department initially decides not to disclose medical, psychiatric[,] or psychological data concerning the assistance unit to the unit because of a determination that disclosure would be detrimental to the unit, the Department revises this decision under the following conditions:

a. the unit requests in writing that a qualified medical doctor review the data to determine whether disclosure is appropriate; and

b. the unit's personal doctor recommends disclosure of the [.] information contained in its case record if the unit feels the information is incorrect (Cross reference: 1015).