Page 257

36.1 Introduction An applicant or member has the right to see their entire case record to verify that its content is accurate with respect to their statements and that documentation of facts about them from other sources is correct. When an applicant or member requests access to the record for reasons not related to preparation for a fair hearing, the agency does not have to show them the entire record. The agency can show the applicant or member only the parts of the record relevant to the request. This page last updated in Release Number: 23-02 Release Date: 04/17/2023 Effective Date: 04/17/2023 36.2 Fair Hearings Agencies cannot withhold any part of the record from the applicant or member when they are preparing for a fair hearing (see SECTION 29.2.3 PRIOR TO THE HEARING). This page last updated in Release Number: 23-02 Release Date: 04/17/2023 Effective Date: 04/17/2023 36.3 Sensitive Medical Information The Confidential Information Release Authorization to Agency form (F-82009) does not promise the medical reporting source that information won't be revealed to the person if they request to see it. In most cases, the applicant or member has direct access to the information. Agencies may determine, in some cases, that the requested medical information is of a "sensitive" nature and that its release directly to the applicant or member may not be in their best interest. When this occurs, the agency can request that the applicant or member designate, in writing, a representative. This representative may be a physician or other responsible person (for example, a clergyman or attorney). The agency will release the requested information to the representative with the instruction that they review it and inform the applicant or member of the content at the representative's discretion. Agencies must retain the applicant or member’s authorization to release this information to their representative in the case record. This page last updated in Release Number: 23-02 Release Date: 04/17/2023 Effective Date: 04/17/2023 36.4 Access by Someone Else An applicant or member may authorize the income maintenance (IM) agency to grant access to their case record to another person or organization. This authorized entity has the same right of access to the case record as that of the applicant or member or to the extent that the applicant or member indicates on the release of information form, if applicable. This authorized entity can be an attorney but does not need to be an attorney. The applicant or member does not need to complete a release of information form to authorize their attorney to access their case