Department of Human Services: Chapter 3: Sections 3.5 thru 3.6.1
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SERVICES

INFORMATION
 
ONLINE SERVICE
   REQUESTS

PART II:  BASIC RIGHTS AND RESPONSIBILITIES
 
CHAPTER 3:  RIGHTS AND RESPONSIBILITIES OF THE DEPARTMENT 
 
CONFIDENTIALITY OF CUSTOMER INFORMATION  3.5
 
ALL All information regarding applicants/recipients will be held confidential by the Department and will not be disclosed to anyone without the prior notification and authorization of the individual or the individual's authorized representative.  However, the Department is mandated to disclose certain information, with or without prior authorization or notification of the individual, under the following circumstances:
  • The Department, its staff, and official agents are required to report suspected child abuse or neglect to the Department's Children and Family Services Agency (CFSA) and/or the District hotline for child abuse and neglect.  In addition, the Department must share information with CFSA upon request.
  • The Department, its staff, and official agents are required to report on suspected crimes and illegal activity to local and federal law enforcement authorities.  Additionally, the Department must report on individuals for whom there is a warrant for arrest.
  • The Department, its staff, and official agents are required to report to the CSED and/or the U.S. Department of Health and Human Services (DHHS) information necessary to assist in establishing or verifying eligibility or benefits concerning parental child support.  However, an individual has the right to claim good cause for refusing to cooperate with the Department in establishing paternity or obtaining child support (see Section 2.3:  The Notice of Requirement to Cooperate and Right to Claim Good Cause for Refusal to Cooperate with Child Support Enforcement Part V).
  • The Department is required to provide certain information to the Department of Homeland Security, Citizenship and Immigration Services (USCIS, formerly known as the Immigration and Naturalization Service or INS) and District, state, and federal law enforcement officials.  All such requests are to be directed to the Administrator's Office.  If an SSR, supervisor, or center manager receives a request from the USCIS or a law enforcement entity, no information can be released without approval from the Administrator.
  • The Department, its staff, and official agents are required to report to the U.S. Office of the Comptroller General, DHHS Office of the Inspector General, D.C. Office of the Inspector General and other appropriate Inspectors General information for audit examinations authorized by provisions of law.
  • The Department, its staff, and official agents are required to report through appropriate administrative channels some individual employment, income, and benefits information to the IRS, SSA, DHHS, USDA, and other state and federal authorities as authorized or required by law. 
All customer information shall be used for official IMA functions.  The use of customer information  for any purpose not directly related to IMA business is strictly prohibited.  Supervisory staff shall  make reasonable efforts to limit access to and use of protected health information by staff to the minimum necessary to perform their duties.  
 
Staff who violate IMA’s privacy policies or other applicable federal or state law are subject to adverse action in accordance with Chapter 16 of the District Personnel Manual and respective collective bargaining agreements.  Staff are required to report any violations of IMA’s privacy policies and should contact the Policy Unit, which will refer the matter to the DHS Privacy Officer.  Reports can be made anonymously.  Retaliation for reporting of violations or cooperation with investigations is prohibited and grounds for adverse action.
 
 
Informing the Applicant of His/Her Privacy Rights  3.5.1 
    
ALL  The Department has a responsibility to inform the customer about the protection of their personal information, which includes any protected health information that they may disclose as part of the application process.  SSRs should distribute the “Notice of Privacy Practices” when they give a Medical Examination Form (DHS Form 856) to an applicant who alleges that they are disabled or unable to participate in program activities because of their medical condition.  The customer should then sign the “Acknowledgement of Receipt of Privacy Practices” (DHS Form 856-A), which the SSR should file in the customer’s case record.
 
 
Protecting the Confidentiality of Customer Records 3.5.2 
  
ALL All staff have a responsibility to protect the confidentiality of all customer information, including that within the case record.  Within each Service Center, the case records are stored in a secure, employees-only area.  SSRs may not leave any customer information within public view.  Security personnel at IMA ensure that unauthorized persons do not enter these areas without an escort.  This requirement applies to all visitors, even federal auditors.
 
For customers who submit Medical Forms but who are not determined to be blind or disabled, the Medical Review Team (MRT) maintains the Medical Form within the MRT suite, which is a secure, employees only area at 645 H St, NE.  During business hours, the suite is staffed with a dedicated receptionist who controls access to the single entrance to the work area.  After hours, the suite is locked, and non MRT staff members are not able to access that work area until the following morning when the MRT re opens.
 
 

ROUTINE DISCLOSURES OF CUSTOMER INFORMATION  3.6 
   
Disclosing Customer Information to the Customer or Authorized Representative 3.6.1
 
ALL  Customers or their authorized representative(s) may request to review their own personal case record. SSRs should record any and all such disclosures in the case narrative (see below).  However, SSRs shall under no circumstances disclose any customer information to an unidentified individual or to an unauthorized person.   Please see Section 1.3: “General Rights of Applicants and Recipients” in this Part.
 
To disclose such information to the customer, the SSR must first conclusively identify the customer by asking them to provide their correctly spelled name, date of birth, Social Security Number, and other information as appropriate.  If the request is in writing, the SSR must compare the customer’s signature with that on the application and/or recertification forms contained in the case record.  
 
To disclose such information to an authorized representative, the SSR must conclusively identify the representative as an individual listed as an authorized representative on:
 
  • the Authorization for Release of Information form (DHS Form 495-ARI);
  • the most recent application/recertification form;
  • an authorization or release, which is signed by the customer, from an attorney, legal advocate or other representative; or
  • the ADD2 screen in ACEDS. 
If the request from the customer is in writing, the SSR may need to contact the authorized representative in order to confirm the identity of the person requesting the customer’s information. 
 
At the time of any disclosure, the SSR should note in the case narrative the following information:
  1. The date of the disclosure
  2. The name of the entity or person who received the information and, if known, the address of such entity or person;
  3. A brief description of the information disclosed; and
  4. A brief statement of the purpose of the disclosure that reasonably documents the basis for the disclosure or, in lieu of such statement, a copy of a written request for a disclosure, if any.
In all circumstances, the SSR should release only the minimum necessary information to accomplish the purpose of the disclosure or request.  The SSR should not disclose information that is peripheral, incidental or unrelated to the specific request or inquiry.  If an SSR has questions about the appropriateness of releasing information, they should contact the IMA Policy Unit for further guidance. 
 
If the requestor is not listed on any of the documents above or on the ADD2 screen in ACEDS, the representative must produce a signed request by the customer asking that the information be released to the representative.  Again, the SSR should compare the customer’s signature with that on the application and/or recertification forms contained in the case record.  In the event that the customer is deceased, the SSR should refer the requestor to the IMA PolicyUnit for assistance.
 
IMA will not disclose information to any authorized representative who is abusive or in any way disruptive to staff in the performance of their duties.
 
If the request is less than 100 pages, the SSR should not assess any fees for the cost of copying the disclosed material.  Requests in excess of 100 pages should be referred to the IMA Policy Unit.
 
Any request by a customer for an accounting of all disclosures should be forwarded to the IMA Policy Unit, which will refer the matter to the DHS Privacy Officer as appropriate.
 
 
 
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