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720 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) these options. Legal aid has information about confidentiality protections for survivor of domestic violence, sexual assault and stalking; go to https://www.doj.state.or.us/crime-victims/. HIV/AIDS According to Oregon Revised Statutes 433.045(3), in no instance may an ODHS|OHA employee reveal to any person or agency that an individual is HIV positive (a person who is HIV positive has been exposed to the AIDS virus) without written authorization by the participant. On the Authorization for Use and Disclosure of Individual Information (MSC 2010) form, the authorization must specifically identify HIV test results in Section B and be initialed in the correct box below Section B. Information on an individual’s HIV status may not be included in the case record unless necessary to determine eligibility. Workers must judge whether a report containing information about HIV is needed to determine eligibility. If not, the information must be destroyed. If HIV information is needed for eligibility determination, the report should be retained but marked with a notation that the information cannot be released to any person or agency. Do not enter HIV status information into any shared communication system. When you receive a subpoena If you receive a subpoena of any type, do not ignore it under any circumstances. Anytime a worker is served with a subpoena requesting confidential individual information, the worker should immediately notify their supervisor. The ODHS Legal Unit in Central Office may be contacted for technical assistance and to access help from the Department of Justice (DOJ). A subpoena is not a court order. A subpoena is a legal document issued by a court, an attorney, or any party to the case. It is a command directed to a person or entity and may require the attendance of that person/entity to testify as a witness or to produce papers, documents, etc. It is not uncommon for a subpoena to also include a court order signed by a judge. If a court order is accompanied with a subpoena, ODHS must comply with a court order to provide testimony or documents. The subpoena and court order should be routed to the ODHS Legal Unit for review to ensure the court order is sufficient for disclosure. In addition to sending the subpoena/court order, also note the manner in which the subpoena was served, (i.e. in-person, mail, email, fax). Unless instructed otherwise, do not accept service of subpoenas via email or fax. Depending on the type of a subpoena, ODHS may file written objections within a specified timeframe. Do not delay and send the subpoena to the ODHS Legal Unit to review to determine if an objection letter is appropriate. Subpoenas alone, cannot compel release of confidential or privileged information; only a court order can compel such action. If the time period to object to a subpoena is not waived, there must either be a court order or a valid written authorization from the individual for ODHS to release documents or provide testimony.. There are many kinds of subpoenas. How you respond to a subpoena will depend on what the subpoena is directing you to do and what information the subpoena is requesting. If you do not know how to respond to a subpoena, contact the ODHS Legal Unit for guidance and direction. Email the ODHS Legal Unit at dhs.subpoenas@odhsoha. oregon.gov. Do NOT provide this email address to anyone outside the agency. This email address if for internal use only. When contacting the ODHS Legal Unit, be sure to include as much information as possible, including: