House File 642 - Introduced HOUSE FILE 642 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 435) A BILL FOR An Act relating to the release of certain confidential 1 information by the department of human services to 2 multidisciplinary teams and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1212HV (1) 88 ko/rh

H.F. 642 Section 1. Section 217.30, Code 2019, is amended to read as 1 follows: 2 217.30 Confidentiality of records —— report of recipients. 3 1. For purposes of this section unless the context otherwise 4 requires, “person” means the same as defined in section 4.1. 5 1. 2. The following information relative to individuals an 6 individual receiving services or assistance from the department 7 shall be held confidential except as otherwise provided in 8 subsection 5 : 9 a. Names and addresses of individuals The name and address 10 of an individual receiving services or assistance from the 11 department, and the types type of services or amounts amount of 12 assistance provided , except as otherwise provided in subsection 13 4 . 14 b. Information concerning the social or economic conditions 15 or circumstances of particular individuals an individual who 16 are is receiving or have has received services or assistance 17 from the department. 18 c. Agency evaluations An agency evaluation of information 19 about a particular an individual. 20 d. Medical or psychiatric data, including diagnosis and past 21 history of disease or disability, concerning a particular an 22 individual. 23 2. 3. Information described in subsection 1 2 shall 24 not be disclosed to or used by any person or agency except 25 for purposes of administration of the programs a program of 26 services or assistance, and shall not in any case , except 27 as otherwise provided in subsection 4 5 , paragraph “b” , be 28 disclosed to or used by persons or agencies a person outside 29 the department unless they are the person is subject to 30 standards of confidentiality comparable to those imposed on the 31 department by this section . 32 3. 4. Nothing in this section shall restrict the disclosure 33 or use of information regarding the cost, purpose, number of 34 persons individuals served or assisted by, and results of any 35 -1- LSB 1212HV (1) 88 ko/rh 1/ 6

H.F. 642 program administered by the department, and other general and 1 statistical information, so long as provided the information 2 does not identify particular individuals any particular 3 individual served or assisted. 4 4. 5. a. The general assembly finds and determines 5 that the use and disclosure of information as provided in 6 this subsection are for purposes directly connected with the 7 administration of the programs of services and assistance 8 referred to in this section and are essential for their proper 9 administration. 10 b. Confidential information described in subsection 1, 11 paragraphs “a” , “b” , and “c” , shall be disclosed to public 12 officials for use in connection with their official duties 13 relating to law enforcement, audits and other purposes directly 14 connected with the administration of such programs, upon 15 written application to and with approval of the director or 16 the director’s designee. Confidential information described 17 in subsection 1, paragraphs “a” , “b” , and “c” , shall also be 18 disclosed to public officials for use in connection with their 19 official duties relating to the support and protection of 20 children and families, upon written application to and with the 21 approval of the director or the director’s designee. 2 shall 22 only be disclosed under the following circumstances: 23 (1) Upon written application to and with the approval of the 24 director or the director’s designee, confidential information 25 described in subsection 2, paragraphs “a” , “b” , and “c” , shall 26 be disclosed to a public official for use in connection with 27 the public official’s duties relating to law enforcement, 28 audits, the support and protection of children and families, 29 and other purposes directly connected with the administration 30 of the programs of services and assistance referred to in this 31 section. 32 (2) If necessary for an individual to receive services, upon 33 written application to and with the approval of the director or 34 the director’s designee, confidential information described in 35 -2- LSB 1212HV (1) 88 ko/rh 2/ 6

H.F. 642 subsection 2 shall be disclosed to a state agency, or a person 1 that is not subject to chapter 17A, and that is providing 2 services to the individual pursuant to chapter 239B promoting 3 independence and self-sufficiency through employment through 4 the job opportunities and basic skills program. 5 (3) Information described in subsection 2, paragraphs “a” , 6 “b” , and “c” , in accordance with section 235A.15, subsection 10. 7 (4) To a multidisciplinary team as defined in section 8 235A.13, subsection 8, if the department approves the 9 composition of the multidisciplinary team and the team’s sole 10 focus is identifying services for children who are victims of, 11 and children at risk of becoming victims of, human trafficking 12 as defined in section 710A.1. Confidential information shall 13 only be shared if a fully executed multidisciplinary agreement 14 is in place between the department and the multidisciplinary 15 team certifying that all confidential information shared 16 between the parties to the multidisciplinary agreement shall 17 be used solely for identifying services for children who are 18 victims of, and children at risk of becoming victims of, human 19 trafficking. 20 c. It shall be unlawful for any person to solicit, disclose, 21 receive, use, or to authorize or knowingly permit, participate 22 in, or acquiesce in the use of any information obtained from 23 any such report or record for commercial or political purposes. 24 d. If approved by the director of human services or 25 the director’s designee pursuant to a written request, the 26 department shall disclose information described in subsection 27 1 to other state agencies or to any other person who is not 28 subject to the provisions of chapter 17A and is providing 29 services to recipients under chapter 239B who are participating 30 in the promoting independence and self-sufficiency through 31 employment job opportunities and basic skills program, if 32 necessary for the recipients to receive the services. 33 e. Information described in subsection 1 , paragraphs “a” , 34 “b” , and “c” , is subject to disclosure in accordance with 35 -3- LSB 1212HV (1) 88 ko/rh 3/ 6

H.F. 642 section 235A.15, subsection 10 . 1 5. 6. If it is definitely established the director or the 2 director’s designee finds that any provision of this section 3 would will cause any of the programs a program of services or 4 assistance referred to in this section to be ineligible for 5 federal funds, such provision shall be limited or restricted to 6 the extent which is essential to make such program eligible for 7 federal funds. The department shall adopt, pursuant to chapter 8 17A , any rules necessary to implement this subsection . 9 6. 7. The provisions of this This section shall apply 10 to recipients of assistance under an individual receiving 11 assistance pursuant to chapter 252 . The reports Any report 12 required to be prepared by the department under this section 13 shall, with respect to such regarding assistance or services , 14 provided pursuant to chapter 252 shall be prepared by the 15 person or officer charged with the oversight of the poor 16 individual appointed pursuant to section 252.26 . 17 7. 8. Violation of An individual that violates this section 18 shall constitute commits a serious misdemeanor. 19 8. 9. The provisions of this This section shall take 20 precedence over section 17A.12, subsection 7 . 21 Sec. 2. Section 217.31, subsection 1, Code 2019, is amended 22 to read as follows: 23 1. Any person may institute a civil action for damages under 24 chapter 669 or to restrain the dissemination of confidential 25 records set out in section 217.30, subsection 1 2 , paragraph 26 “b” , “c” , or “d” , in violation of that section, and any person, 27 agency or governmental body proven to have disseminated or to 28 have requested and received confidential records in violation 29 of section 217.30, subsection 1 2 , paragraph “b” , “c” , or “d” , 30 shall be liable for actual damages and exemplary damages for 31 each violation and shall be liable for court costs, expenses, 32 and reasonable attorney fees incurred by the party bringing the 33 action. In no case shall the award for damages be less than one 34 hundred dollars. 35 -4- LSB 1212HV (1) 88 ko/rh 4/ 6

H.F. 642 Sec. 3. Section 235A.17, subsection 3, paragraph b, 1 subparagraph (1), Code 2019, is amended to read as follows: 2 (1) Department of human services information described in 3 section 217.30, subsection 1 2 . 4 Sec. 4. Section 239B.8, subsection 6, Code 2019, is amended 5 to read as follows: 6 6. Confidential information disclosure. If approved by 7 the director of human services or the director’s designee 8 pursuant to a written request, the department shall disclose 9 confidential information described in section 217.30, 10 subsection 1 2 , to other state agencies or to any other entity 11 which is not subject to the provisions of chapter 17A and is 12 providing services to a participant family who is subject to 13 a family investment agreement, if necessary in order for the 14 participant family to receive the services. The department 15 shall adopt rules establishing standards for disclosure of 16 confidential information if disclosure is necessary in order 17 for a participant to receive services. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the release of certain confidential 22 information by the department of human services (DHS) to 23 multidisciplinary teams. 24 Currently, DHS may only share confidential information with 25 a multidisciplinary team as part of a child abuse assessment. 26 This bill amends Code section 217.30 to allow DHS to release 27 confidential information to a multidisciplinary team if DHS 28 approves the composition of the multidisciplinary team and the 29 team’s sole focus is identifying services for children who are 30 victims of, and children at risk of becoming victims of, human 31 trafficking. Confidential information can only be shared if 32 a multidisciplinary agreement is in place between DHS and the 33 multidisciplinary team that certifies that all confidential 34 information shared among the parties to the agreement shall 35 -5- LSB 1212HV (1) 88 ko/rh 5/ 6

H.F. 642 be used solely for identifying such services and shall 1 remain confidential and not be shared with any other person. 2 Violation of this Code section is a serious misdemeanor. 3 The bill makes conforming changes to Code section 217.31(1) 4 (civil actions for damages —— dissemination of confidential 5 information), Code section 235A.17(3)(b)(1) (redissemination of 6 child abuse information), and Code section 239B.8(6) (family 7 investment agreements —— confidential disclosure). 8 -6- LSB 1212HV (1) 88 ko/rh 6/ 6