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Library: Policy

340:1-1-20. Confidentiality

Issued 5-12-05

     The Oklahoma Department of Human Services (OKDHS) complies with:

(1) all federal and state statutes, rules, and regulations regarding client confidentiality.

(A) Per Section 183 of Title 56 of the Oklahoma Statutes, information and records obtained by OKDHS concerning an applicant or recipient of OKDHS programs or services is confidential.  This includes electronic data and records generated by OKDHS.

(i) OKDHS employees only examine applicant or recipient information in connection with the performance of their official duties. 

(ii) OKDHS does not furnish or release information from client records for commercial or political purposes.

(B) All Child Welfare (CW) records and information are confidential pursuant to state and federal statutes and regulations.  [10 O.S. § 7005-1.2 through 7005-1.4 and 7107; and 45 CFR Part 1340]

(C) All records, working papers, and reports related to an Adult Protective Services (APS) investigation are confidential under Section 10-110 of Title 43A of the Oklahoma Statutes.

(D) All files and records concerning the assistance or services provided under the Child Support Enforcement Program or concerning a putative father of a child born out of wedlock are confidential, except as otherwise authorized by law; [56 O.S. § 237]

(2) Sections 7213, 7213A, and 7431 of the Internal Revenue Code safeguarding federal tax information regarding an applicant or recipient;  • 1

(3) the Open Records Act to ensure and assist the public's right to access, review, and copy governmental records, except where specifically required by federal or state law, rule, and regulation to be kept confidential; [51 O.S. § 24A.1 through 24A.22] and

(4) Part 160 and Subparts A and E of Part 164 of Title 45 of the Code of Federal Regulations constituting the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, which provides protection for the privacy of health information.

1.  Refer to OAC 340:65-1-2 Instructions to Staff 1 regarding the provisions of Sections 7213, 7213A, and 7431of the Internal Revenue Code.

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