CHAPTER 7. CONSENT TO DISCLOSURE OF PERSONAL INFORMATION
IC 12-20-7
Chapter 7. Consent to Disclosure of Personal Information
IC 12-20-7-1
Consent; form; filing
Sec. 1. (a) Each applicant and each adult member of the
applicant's household seeking township assistance must consent to
a disclosure and release of information about the applicant and the
applicant's household before township assistance may be provided by
the township trustee. The consent must be made by signing a form
prescribed by the state board of accounts. The form must include the
following:
(1) The applicant's name, case number, and address.
(2) The types of information being solicited, including the
following:
(A) Countable income.
(B) Countable assets.
(C) Wasted resources.
(D) Relatives capable of providing assistance.
(E) Past or present employment.
(F) Pending claims or causes of action.
(G) A medical condition if relevant to work or workfare
requirements.
(H) Any other information required by law.
(3) The names of individuals, agencies, and township trustee
offices that will receive the information.
(4) The expiration date of the permission to disclose
information.
(b) Information that is declared to be confidential by state or
federal statute may not be obtained under the consent form
prescribed by this section.
(c) The township trustee shall keep on file and shall make
available to the division of family resources and office of Medicaid
policy and planning upon request a copy of the signed consent form
described in subsection (a).
(d) The township trustee shall send to the county office a copy of
the signed consent form described in subsection (a).
(e) The division of family resources, county offices, and the office
of Medicaid policy and planning shall make available to the
township trustee upon request a copy of signed consent to disclosure
and release of information forms in each entity's files.
(f) If an individual who is required to sign a form under this
section is unable to sign the form in the township trustee's office due
to a physical or mental disability or illness, the township trustee shall
make alternate arrangements to obtain the individual's signature.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.193;
P.L.5-1993, SEC.206; P.L.46-1995, SEC.57; P.L.51-1996, SEC.31;
P.L.259-2001, SEC.5; P.L.73-2005, SEC.39; P.L.145-2006,
SEC.115.
IC 12-20-7-2
Information to township trustee
Sec. 2. (a) The county office shall provide the following
information to each township trustee located in the county:
(1) Information that will identify the types of public assistance
that are being provided to the individual who signed the consent
form and the individual's household.
(2) Information that will identify the amount of public
assistance that is being received by the individual who signed
the consent form and the individual's household.
(3) Information that will identify the number of individuals in
the household of the individual who signed the consent form
who are receiving public assistance.
(4) Information regarding the income, resources, or assets of
members of the individual's household receiving public
assistance.
(b) The county office must provide the information required under
subsection (a) not later than fourteen (14) calendar days after
obtaining the information.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.194;
P.L.5-1993, SEC.207; P.L.46-1995, SEC.58; P.L.51-1996, SEC.32.
IC 12-20-7-2.5
Information provided to township trustee by department of
employment and training
Sec. 2.5. Upon request of the township trustee, the department of
employment and training services shall provide without charge
information regarding:
(1) income, resources, and assets of; and
(2) benefits received by;
members of an applicant's household.
As added by P.L.51-1996, SEC.33.
IC 12-20-7-3
Salary and wage information
Sec. 3. Upon request of the township trustee, the employer of a
township assistance applicant or a member of the applicant's
household shall provide the township trustee with information
concerning salary or wages earned by the applicant or household
member for purposes of determining the financial eligibility of the
household to receive township assistance.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.34;
P.L.73-2005, SEC.40.
IC 12-20-7-3.5
Provision of information to determine eligibility
Sec. 3.5. Upon request of the township trustee, a person holding
assets or title to assets of a township assistance applicant or a
member of the applicant's household shall provide the township
trustee with information concerning the nature and value of those
assets for purposes of determining the household's financial
eligibility to receive township assistance.
As added by P.L.51-1996, SEC.35. Amended by P.L.73-2005,
SEC.41.
IC 12-20-7-4
Use of consent forms
Sec. 4. The division of family resources and county offices shall
use the consent forms received under this chapter to do the
following:
(1) Assist in making eligibility determinations for public
assistance programs administered by the division of family
resources and county offices.
(2) Assist in reducing fraud and abuse in public assistance
programs administered by the division of family resources and
county offices.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.195;
P.L.5-1993, SEC.208; P.L.145-2006, SEC.116.
IC 12-20-7-4.5
Authorized use of information
Sec. 4.5. The township trustee shall use the information received
under section 2 of this chapter to assist in reducing fraud and abuse
in aid programs administered by the township trustee.
As added by P.L.46-1995, SEC.59.
IC 12-20-7-5
Use of information not a public record
Sec. 5. Information that is received through the use of a consent
form described in section 1 of this chapter and that is not a public
record open to inspection and copying under any statute may be used
only in connection with the following:
(1) The administration of the township trustee's township
assistance program.
(2) The administration of public assistance programs that are
administered by the division of family resources and county
offices.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.196;
P.L.5-1993, SEC.209; P.L.73-2005, SEC.42; P.L.145-2006,
SEC.117.
IC 12-20-7-6
Unauthorized use or disclosure of information
Sec. 6. A township trustee, an assistant of a township trustee, or
an employee or a director of the division of family resources, the
office of Medicaid policy and planning, and county offices who
knowingly discloses or uses information that is obtained through the
use of a consent form described in section 1 of this chapter, except
as authorized by this chapter, commits a Class A misdemeanor.
As added by P.L.2-1992, SEC.14. Amended by P.L.4-1993, SEC.197;
P.L.5-1993, SEC.210; P.L.145-2006, SEC.118.