217.30  Confidentiality of records--report of recipients.

1.  The following information relative to individuals receiving services or assistance from the department shall be held confidential:

a.  Names and addresses of individuals receiving services or assistance from the department, and the types of services or amounts of assistance provided, except as otherwise provided in subsection 4.

b.  Information concerning the social or economic conditions or circumstances of particular individuals who are receiving or have received services or assistance from the department.

c.  Agency evaluations of information about a particular individual.

d.  Medical or psychiatric data, including diagnosis and past history of disease or disability, concerning a particular individual.

2.  Information described in subsection 1 shall not be disclosed to or used by any person or agency except for purposes of administration of the programs of services or assistance, and shall not in any case, except as otherwise provided in subsection 4, paragraph "b", be disclosed to or used by persons or agencies outside the department unless they are subject to standards of confidentiality comparable to those imposed on the department by this division.

3.  Nothing in this section shall restrict the disclosure or use of information regarding the cost, purpose, number of persons served or assisted by, and results of any program administered by the department, and other general and statistical information, so long as the information does not identify particular individuals served or assisted.

4. a.  The general assembly finds and determines that the use and disclosure of information as provided in this subsection are for purposes directly connected with the administration of the programs of services and assistance referred to in this section and are essential for their proper administration.

b.  Confidential information described in subsection 1, paragraphs "a," "b" and "c" shall be disclosed to public officials, for use in connection with their official duties relating to law enforcement, audits and other purposes directly connected with the administration of such programs, upon written application to and with approval of the director or the director's designee.

c.  The department shall prepare and file in its office on or before the thirtieth day of each January, April, July, and October a report showing the names and last known addresses of all recipients of assistance under sections 249.2 to 249.4 and chapter 239B or 249A, together with the amount paid to or for each recipient during the preceding calendar quarter. The report shall contain a separate section for each county, including all such recipients whose last known addresses are in the county. The department shall prepare and file in the office of each county board of supervisors a copy of the county section of each report for that county, on or before the same day specified in this paragraph. Each report shall be securely fixed in a record book to be used only for such reports. Each record book shall be a public record, open to public inspection at all times during the regular office hours of the office where filed. Each person who examines the record shall first sign a written agreement that the signer will not use any information obtained from the record for commercial or political purposes.

d.  It shall be unlawful for any person to solicit, disclose, receive, use, or to authorize or knowingly permit, participate in, or acquiesce in the use of any information obtained from any such report or record for commercial or political purposes.

e.  The department may disclose information described in subsection 1 to other state agencies or to any other person who is not subject to the provisions of chapter 17A and is providing services to recipients under chapter 239B who are participating in the promoting independence and self-sufficiency through employment job opportunities and basic skills program, if necessary for the recipients to receive the services.

5.  If it is definitely established that any provision of this section would cause any of the programs of services or assistance referred to in this section to be ineligible for federal funds, such provision shall be limited or restricted to the extent which is essential to make such program eligible for federal funds. The department shall adopt, pursuant to chapter 17A, any rules necessary to implement this subsection.

6.  The provisions of this section shall apply to recipients of assistance under chapter 252. The reports required to be prepared by the department under this section shall, with respect to such assistance or services, be prepared by the person or officer charged with the oversight of the poor.

7.  Violation of this section shall constitute a serious misdemeanor.

8.  The provisions of this section shall take precedence over section 17A.12, subsection 7.

Section History: Early form

  [C39, § 3828.047; C46, 50, 54, 58, § 239.10, 241.25, 249.44; C62, 66, § 239.10, 241.25, 241A.16, 249.44, 249A.18; C71, 73, § 239.10, 241.25, 241A.16, 249.44, 249A.8; C75, 77, 79, 81, § 217.30]

Section History: Recent form

  93 Acts, ch 54, § 1; 93 Acts, ch 97, § 8; 97 Acts, ch 41, § 32

Internal References

  Referred to in § 135H.13, 217.31, 232.71D, 237.9, 237.21, 239B.8, 299.13


  Exception to confidentiality to determine eligibility for SSI benefits for children in foster care; 98 Acts, ch 1218, §15

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