Section 29-5803. CONFIDENTIALITY

 

5803.1For the purposes of this chapter, the following definitions shall apply:

 

(a)"Information concerning applicants and recipients" means documents and records, and all information contained therein, that are:

 

(1)Related to an individual's application for or receipt of TANF or POWER benefits; and

 

(2)Maintained by the District government or an entity contracting with the District government;

 

(b)"Services for applicants and recipients" means assistance directly provided by the District government or an entity contracting with the District government; and

 

(c)Notwithstanding paragraph (a) of this subsection, aggregate information that is compiled for statistical purposes and may not be used to identify an individual or a family shall not be considered "information concerning applicants and recipients" that is subject to confidentiality restrictions.

 

5803.2By signing an application or recertification form for TANF or POWER benefits, an applicant or recipient shall consent to the disclosure, to the extent permitted under District law, of all information concerning the applicant or recipient that is required by DHS to determine or redetermine eligibility or to provide services to the applicant or recipient.

 

5803.3If a TANF or POWER applicant or recipient, the applicant's or recipient's currently authorized representative, or a person acting on the applicant's or recipient's behalf makes a written request to review material and information contained in the applicant's or recipient's case file, the material and information contained in the case file shall be made available for inspection during normal business hours, upon reasonable notice.

 

5803.4DHS may withhold confidential information, such as the names of individuals who have disclosed information about the household without the household's knowledge, or the nature or status of pending criminal prosecutions.

 

5803.5A TANF or POWER applicant or recipient may execute a written waiver of his or her privilege of confidentiality.

 

5803.6No employee of the District government or an entity contracting with the District government may release information concerning the applicant or recipient (including name, address, or other identifying information), unless a TANF or POWER applicant signs a written waiver; except as expressly permitted in Section 904 of the District of Columbia Public Assistance Act of 1982, as amended.

 

5803.7A person who lawfully receives confidential information concerning a TANF or POWER applicant or recipient shall adequately protect the information against disclosure to any persons or for purposes not authorized by law.

 

5803.8No person shall disclose, inspect, or use documents or records in violation of this section.

 

source

Final Rulemaking published at 48 DCR 10251 (November 9, 2001).