Or. Admin. Code § 414-175-0097

Current through Register Vol. 63, No. 12, December 1, 2024

Section 414-175-0097 - Rights and Responsibilities

(1) Individuals regulated by Division 175 of Chapter 414 have the following rights and the right to be informed of them:

(a) The right to information about the ERDC program administered by the Department.

(b) The right to confidentiality for individually identifiable information to the extent provided under federal and state law, including the administrative rules of the Department.

(c) The right, at any time, to obtain the standard form for requesting a hearing.

(d) The right to request a hearing to the extent provided in OAR 414-175-0095 or OAR 414-175-0096.

(e) The right to request and receive an application to apply for the ERDC program in paper or electronic format.

(f) The right to have a decision on eligibility made within the timelines set forth in OAR 414-175-0005.

(g) The right to apply for and receive benefits and services from the Department and its contractors, grantees, agents, and providers of services who receive payments from the Department without discrimination on the basis of race, color, national origin, religion, gender, sexual orientation, disability, or political beliefs.

(h) The right to courteous, fair, and dignified treatment by Department personnel, including personnel carrying out functions on behalf of the Department, and to file a complaint with the Department about such personnel conduct or customer service to the extent provided in OAR 407-005-0100 to 407-005-0120.

(i) The right to file a complaint with the Department about discrimination or unfair treatment as provided in Procedure DHS-010-005-01, "Filing a Individual Complaint or Report of Discrimination" or OAR 407-005-0030.

(2) To be eligible for benefits, individuals must do all of the following:

(a) Provide true, complete, and accurate information required to determine eligibility and verify that information, to the extent permitted by their physical and mental condition, or authorize the branch office to obtain verification.

(b) Comply with the eligibility requirements of the program for which they are requesting or receiving benefits.

(c) Report within 10 calendar days any changes that could affect their eligibility for benefits.

(d) Accept social services that are court-ordered or related to a case plan.

(e) Cooperate with case reviews by providing requested information and verification.

(f) Complete the application process or inform the branch office of their decision to withdraw the application for program benefits.

(g) Share these responsibilities with a spouse who resides in the same household.

(3) Release of Information to the Individual

(a) The Department must make the information in a case record of an individual available to the following people within the limits described in this rule:

(A) Anyone in the filing group.

(B) Anyone authorized by the primary person or by a person in the filing group.

(b) The primary person and filing group members may have access only to an individual's information that is related to the time during which they had that position in the case. The person can appoint an authorized representative whose access to an individual's information covers only that same period.

(c) The "minimum necessary" standard as described in OAR 410-014-0040 is extended to limit the sharing of individually identifying information by the Department about one member of a filing group with either another member of the filing group or anyone authorized by another member of the filing group.

(d) Except for HIV information, case record information may be requested by the individual and released to the individual by telephone. The individual must satisfy the Oregon Department of Human Services branch office as to the individual's identity.

(e) Except as provided in this section (3) and in OAR 410-014-0030(6), information obtained from a third party that is part of the case record of the individual is available to the individual.

(f) The Department may withhold from an individual information obtained from a confidential informant, including the identity of the informant, if all of the following are true:

(A) The information was submitted to the Oregon Department of Human Services in confidence.

(B) The information was not required by law to be submitted.

(C) The information can reasonably be considered confidential.

(D) The Oregon Department of Human Services has obliged itself not to disclose the information.

(E) The Oregon Department of Human Services is not using the withheld information in a contested case hearing in which the individual is a party.

(F) The public interest would suffer if the information were disclosed.

(g) Subject to OAR 407-003-0010:

(A) A individual, an authorized representative, or a personal representative (as defined at 410-014-0000(32), including an attorney who represents the individual on a matter before the Oregon Department of Human Services) may request a copy of information from the individual file at no cost once every 12 months. If the individual, authorized representative, or personal representative requests another copy of the same information already provided more frequently than once every 12 months, the Oregon Department of Human Services branch office may impose a reasonable, cost-based fee.

(B) If an authorized third party who is not an authorized representative or personal representative requests an individual's records, fees may be assessed for accessing stored records, extracting filed matter, duplication of records, or other costs necessary to releasing requested information.

(C) A branch office may establish additional, reasonable fees to cover extraordinary costs of duplicating records, making extensive searches, or preparing written summaries of records.

(D) At the option of the Oregon Department of Human Services branch office, fee assessment may be waived.

(h) An individual designated by the manager must be present while the individual or the authorized third party has access to the case record. No one except an Oregon Department of Human Services employee is allowed to remove any material from the case record. Subject to payment of any cost-based fee assessed by an Oregon Department of Human Services branch office, consistent with OAR 407-003-0010 and this section (3), the branch office will provide the individual examining the case record a copy of any portion of the case record that the individual is entitled to examine.

(4) Except for health, treatment, and domestic violence information, a verbal authorization from the individual is permitted to allow verbal release of case record information specified by the individual to third parties. Any such verbal authorization to release information to a third party is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given.

(5) Release of Information to Law Enforcement Officers

(a) The Department may provide an individual's information to a law enforcement officer in any of the following situations:

(A) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the ERDC program.

(B) A Department employee, including non-Department employees performing functions delegated by the Department, may disclose information from personal knowledge that does not come from the individual's interaction with ODHS or the Department.

(C) The disclosure is authorized by statute or administrative rule.

(b) Except as provided in subsection (c) of this rule, the Department, including Department employees and non-Department employees performing functions delegated by the Department, may give an individual's current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the individual's name, and states that the individual:

(A) Is a fugitive felon or is violating parole or probation; or

(B) Has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the individual is within the officer's official duties.

(c) If domestic violence has been identified in the household, subsection (b) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole.

(d) For purposes of this section, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony

(e) For purposes of this section, a law enforcement officer is an employee of the Oregon State Police, a county sheriff's department, or a municipal police department, whose job duties include arrest authority.

(6) In the absence of a specific and current individual's authorization that covers the applicable information and identifies the recipient, the release of an individual's information to Service Providers and Legal Bodies is allowable as follows:

(a) The Department employees, including non-Department employees performing functions delegated by the Department, may release to service providers information necessary for accurate billing of services provided to individuals.

(b) The following individual information may be released to the individual's child care providers:

(A) The program for which the individual is eligible.

(B) The amount of the Department child care payment.

(C) The individual's copayment amount.

(D) Reasons for a delay in payment, but only information that is specific to the reason for the delay.

(c) The Department may not disclose any information identifying any individual by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body.

(d) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about an individual to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the individual to review an action taken by the Department.

(e) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file.

(f) The Department may release an individual's information in a judicial proceeding if at least one of the following is true:

(A) The proceedings are directly connected with administering the ERDC program.

(B) A judge orders the release of the information.

(g) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering the ERDC program, a Department employee, including non-Department employees performing functions delegated by the Department, provides the presiding judge with copies of the state statutes relating to confidentiality of an individual's records (such as ORS 411.117, 411.320, and 412.074). The employee requests the court's guidance about testifying under the statutes.

(7) Release of Information on Child Support and Paternity Cases. In the absence of a specific and current individual's authorization that covers the applicable information and identifies the recipient, the Department may release to the Department of Justice, Division of Child Support, the names of the alleged father, the obligor, and the obligee, the amount of support ordered, and the amount of current and past due support owed at any given time from its electronic files.

(a) "Alleged father" means any male who has been named as a possible father of a child for whom paternity has not been established or has been contested.

(b) "Obligee" means a caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or hearing officer has ordered payment of support.

(c) "Obligor" means any person who has been ordered by a court or hearing officer to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(8) Disclosure of an Individual's Information

(a) The Department may disclose the minimum necessary information without the individual's authorization for purposes directly connected with:

(A) Administering the public assistance, medical assistance, and SNAP program laws, except for social security numbers, health, treatment, and domestic violence information.

(B) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with administering the ERDC program.

(C) Any legally authorized audit or review by a governmental entity conducted in connection with administering the ERDC program.

(b) An individual's information, other than health or treatment information, may be exchanged with other governmental or private, non-profit agencies to only the extent necessary to assist applicants or recipients of public assistance, medical assistance, or SNAP benefits to access and receive other governmental or private, non-profit services that will benefit or serve the applicant or recipient. Reasonable efforts must be made to obtain applicant or recipient authorization in advance.

(c) An individual's information may be disclosed without the individual's authorization for purposes directly connected with foster care and adoption assistance programs under Title IV-E of the Social Security Act.

(d) Notwithstanding any rule in this division, individual information-- other than health or treatment information - may be disclosed to an Oregon attorney who represents that the individual if both of the following requirements are met:

(A) The attorney states that he or she currently is representing the individual.

(B) The attorney states that the individual has authorized disclosure of the individual's information to the attorney.

(9) Nondiscrimination in Determining Eligibility

(a) The Department will determine eligibility without discrimination on the basis of race, color, sex, national origin, disability, political beliefs, age, or religious creed.

(b) The following acts of discrimination on grounds of race, color, sex, political beliefs, age, religious creed or national origin are specifically prohibited:

(A) Denying an individual any service, financial aid, or other benefit provided under any program.

(B) Providing any service, financial aid, or other benefit to an individual that is different, or is provided in a different way, from that provided to others under the program, unless such action is necessary to provide individuals with disabilities with aids, benefits or services that are as effective as those provided to others.

(C) Subjecting an individual to segregation or separate treatment in any way related to receipt of any service, financial aid, or other program benefit.

(D) Restricting an individual in any way from any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any program.

(E) Treating an individual differently from others in determining whether they satisfy any admission, enrollment, quota, eligibility, membership or other requirement or condition individuals must meet to be provided any service, financial aid, or other benefit provided under any program.

(F) Denying an individual an opportunity to participate in any program or afford them an opportunity to do so that is different from that afforded others under the program.

(G) Denying a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program.

Or. Admin. Code § 414-175-0097

ELD 11-2023, adopt filed 06/28/2023, effective 7/1/2023; DELC 43-2023, minor correction filed 10/31/2023, effective 10/31/2023

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500