HOUSE OF REPRESENTATIVES	H.B. NO.	2537
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DISCLOSURE OF RECORDS CONCERNING APPLICANTS AND RECIPIENTS OF HUMAN SERVICES AFTER AN IN CAMERA REVIEW BY THE COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 346-10, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department and its agents shall keep records that may be necessary or proper in accordance with this chapter.  All applications and records concerning any applicant or recipient shall be confidential.  The use or disclosure of information concerning applicants and recipients shall be limited to:

     (1)  Persons duly authorized by the State or the United States in connection with their official duties, when the official duties are directly connected with the administration of any form of public assistance, medical assistance, food stamps, or social services;

     (2)  Purposes directly connected with any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any form of public assistance, food stamps, medical assistance, or social services, including disclosure by the department[,] of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations regarding any aspect of theft, fraud, deception, or overpayment in connection with any aspect of public assistance, food stamps, medical assistance, or social services; provided that disclosure by recipient agencies and personnel shall be permitted under this section to the extent reasonably necessary to carry out the functions for which the information was provided;

     (3)  Disclosure to the extent necessary to provide services for applicants and recipients, to determine eligibility, or to determine the amount of public assistance, including verification of information provided by the recipient of public assistance, medical assistance, or food stamps, or to determine the type, kind, frequency, and amount of social services, including health and mental health related services needed;

     (4)  Disclosure to banks, financial institutions, or any other payor of a public assistance warrant or check of any information indicating that a public assistance warrant or check honored by the bank, institution, or payor has been forged or otherwise wrongfully presented for payment;

     (5)  Federal agencies responsible for the administration of federally assisted programs[,] that provide assistance in cash or in kind for services directly to individuals on the basis of need[;] and the certification of receipt of assistance to needy families with minor dependents to an employer for purposes of claiming tax credit under Public Law 94-12, the Tax Reduction Act of 1975, shall be permitted;

     (6)  Employees acting within the scope and course of their employment of recognized social welfare organizations as may be approved by the department;

     (7)  Purposes directly connected with any investigation, prosecution, or criminal proceeding conducted in connection with the licensure or operation of an adult day care center, including disclosure by the department[,] of information and documents to police departments, prosecutors' offices, the attorney general's office, or any other state, county, or federal agency engaged in the detection, investigation, or prosecution of violations of applicable state, county, and federal laws or regulations;

     (8)  Disclosure to the child support enforcement agency for obtaining or enforcing a child support order under chapter 576D;

    [(9) Purposes directly connected to and necessary for the career planning, job training, education, job placement, or employment of participants in the workfare program under part IX;

(10)] (9)  Disclosure of a recipient's residence and business address to law enforcement officers who request information if the information is needed for an official administrative, civil, or criminal law enforcement purpose to identify a recipient as a fugitive felon or parole violator, and in cases where the information is needed for an official purpose and where the department has informed the recipient of the circumstances in which the recipient's address may be released under section 92F-19(a)(1), (3), or (4); [and

(11)] (10) Disclosure of reports and records relating to child abuse or neglect to the extent allowed by rules adopted under section 350-1.4[.]; and

(11) Disclosure pursuant to a court order, after an in camera review of the records by the court, upon a showing of good cause by the party seeking the release of the records."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Records; Disclosure of Information

Description:

Allows the Department of Human Services to disclose confidential records pursuant to a court order, after an in camera review of the records by the court, upon a showing of good cause by the party seeking the release of the records.  (HB2537 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.