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717 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) Information that may be shared between programs within ODHS|OHA without a signed release (not protected by 42 CFR) includes: • Observations of suspected substance abuse or mental health issues • Any information ODHS|OHA obtains prior to the diagnosis and/or treatment of an individual that does not originate from the A&D provider. This includes the screening and/or referral for an assessment, including the name of the treatment provider conducting the assessment (even if that provider eventually provides treatment) • Self-disclosed information about the existence of a substance abuse or mental health issue, including that individual is receiving or has received treatment. Applicability to mental health records Disclosure of A&D records is governed by 42 CFR Part 2: Disclosure of Mental Health records are governed by ORS 179.505. Because 42 CFR Part 2 is the more restrictive regulation, and because it is not practical to distinguish the different sharing limitations between these records, the more restrictive analysis applies to both A&D and mental health records. Cross-program use of A&D and mental health treatment information outside the guidelines listed above will require a signed release of information by the participant. If A&D or mental health treatment information is used or disclosed more broadly than the participant has authorized on the Authorization for Disclosure, Sharing and Use of Individual Information (MSC 3010) form, the person using the information or making the disclosure may be in violation of federal or state law. Domestic violence Click here for the Temporary Assistance for Domestic Violence Survivors (TA-DVS) Eligibility Manual. Confidentiality is assumed in cases involving domestic violence or for which domestic violence can be inferred (such as application or receipt of TA-DVS, a referral to a domestic violence agency, a TANF Personal Development Plan (PDP) with a domestic violence, etc.). Both the Code of Federal Regulations (45 CFR 260.52) and state statute (ORS 412.072) instruct ODHS to keep information confidential about individuals experiencing domestic violence. Information may not be shared without a signed release of information (MSC 3010). The release is to be clear about the specific information to be released, for what purposes and the time frames the release covers. Information sharing with Child Welfare Domestic violence information, or information from which domestic violence can be inferred, may not be shared by ODHS with the CW program without a signed release to do so. The only exception to sharing without a release is when information is being shared as part of a mandatory report of suspected abuse. Click here for information on Mandatory Reporting. Access to information in the case file It is critical to be mindful of safety issues for individuals in domestic violence situations. This applies to all ODHSIOHA programs. If there is any likelihood an abuser (family member or friend) may have access to the case or information on file, proceed with caution. The hard file process is utilized when there are safety concerns with