217.30 - CONFIDENTIALITY OF RECORDS -- REPORT OF RECIPIENTS.
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. Confidential information described in subsection 1,
paragraphs "a", "b", and "c", shall also be disclosed to
public officials for use in connection with their official duties
relating to the support and protection of children and families, upon
written application to and with the approval of the director or the
director's designee.
c. 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.
d. If approved by the director of human services or the
director's designee pursuant to a written request, the department
shall 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.
e. Information described in subsection 1, paragraphs "a",
"b", and "c", is subject to disclosure in accordance with
section 235A.15, subsection 10.
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;
2000 Acts, ch 1088, §1; 2000 Acts, ch 1123, §1; 2004 Acts, ch 1153,
§1; 2008 Acts, ch 1072, § 2
Referred to in § 135H.13, 216A.107, 217.31, 232.71D, 235A.15,
235A.17, 235A.24, 237.9, 237.21, 239B.8, 299.13