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705 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) governmental or private, nonprofit services that will benefit or serve the applicant or recipient (This exception includes instances in which an ODHS|OHA staff member is in a position to advocate for an individual without disclosing health or treatment information. Nevertheless, reasonable efforts must be made to obtain the applicant or recipient’s authorization in advance.) • To report suspected abuse of a child or an adult (elder abuse, or abuse of a person with a behavioral health need or developmental disability).
Substance abuse treatment information may be disclosed to Child Welfare, if necessary, in order to make an initial report of suspected abuse of a child. Any subsequent disclosure of substance abuse information would require a court order or written authorization by the individual.
Substance abuse treatment information may not be disclosed without authorization in order to report suspected elder abuse or abuse of a person with a behavioral health need or developmental disability. If it is necessary to make a report without authorization, the report must be made without revealing a person is in substance abuse treatment or has a substance abuse problem.
Behavioral health records are not required to be part of mandatory reporting for suspected child abuse, elder abuse or abuse of a person with a behavioral health need or developmental disability. Release of behavioral health records requires a court order or the individual’s written authorization. • To conduct any investigation, prosecution or criminal or civil proceeding in connection with administering ODHS|OHA programs, or for any legally authorized audit or review by a governmental entity in relation to administering ODHS|OHA programs • To the extent needed to provide emergency medical treatment (this includes substance abuse treatment or behavioral health treatment) • When ODHS|OHA believes in good faith the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the report is to a person reasonably able to prevent or lessen the threat, including the target of the threat (e.g., if ODHS|OHA believes a person to be suicidal, information may be released without authorization to a behavioral health provider), or • When ODHS|OHA has a court order signed by a judge. Use of information within ODHS|OHA Information can be shared for the purposes of program use and cross-program use without needing written authorization. Program use refers to the sharing of individual information within ODHS|OHA programs or the sharing of information between program staff and administrative staff that support or oversee the program, such as the exchange of information between an eligibility worker and the Overpayment Writing Unit. Program use of information is permitted without a written authorization from the individual, but it is subject to the minimum necessary standard. Cross-program use refers to the sharing of information about a participant with another ODHS|OHA program, such as Child Welfare or Vocational Rehabilitation. The following circumstances would allow sharing of information without an individual’s written authorization: • As needed to determine eligibility and/or to coordinate services or benefits