Page 93

93 | P a g e October 25 EMERGENCY SITUATIONS: Emergency situations, cases where the information is released for legal and investigative actions concerning fraud, collection of support, and third-party medical recovery. Where the individual's consent for the release of information cannot be obtained, he/she will be notified immediately thereafter.

OUTSIDE SOURCE: An outside source does not include the DPHHS Office of Inspector General Program Compliance Bureau or other government authority, court, or law enforcement Sub-grantee in legal and investigative actions concerning fraud or overpayments.

MEDICAL INFORMATION: Both the applicant's or recipient's and the physician's or psychologist's permissions must be obtained before medical or psychological information can be released.

REQUESTS FOR MEDICAL SAFEGUARDED RELEASE TO APPLICANT OR RECIPIENT: Send the request to your Field Monitor. The Field Monitor will acknowledge receipt of the request and forward it on to the Office of Legal Affairs. Medical or psychological information directly concerning an applicant or recipient shall not be released to the applicant or recipient without a written statement from the attending physician or psychologist that release of the information will not cause medical or psychological harm to the applicant or recipient. If the written statement cannot be obtained from the attending physician or psychologist, a physician or psychologist in the employ of the Department of Public Health and Human Services (DPHHS) shall review the records sought and, if appropriate, supply the statement authorizing release.

PROCESSING REQUESTS FOR SAFEGUARDED INFORMATION OTHER THAN MEDICAL: If request is by applicant or recipient, this procedure does not apply. Information other than medical directly concerning the applicant or recipient may be provided to the applicant or recipient without further authorization.

RESPONSIBILITY ACTION Field Monitor 1. Acknowledge receipt of request, indicating that request has been 2. forwarded to the Office of Legal Affairs. Office of Legal Affairs 3. Determine whether request is "proper" and inform Administrator or Designee of the results of this determination. Field Monitor 4. A. If Request Is Not "Proper" – Inform the requestor of the information that the request is not "Proper," the reasons why, and that the information will not be released. 4. B. If Request Is "Proper" – Obtain applicant's or recipient's permission to release the requested information. Applicant or Recipient 5. Grants or denies permission to release the requested information. Field Monitor 6. A. If Permission Is Denied – Inform the requestor that the information cannot be released because the applicant or