Section R6-12-102. Confidentiality

A.      Personally identifiable information.

1.        All personally identifiable information concerning an applicant, recipient, or member of a family in the posses- sion of the Department is confidential and not subject to public inspection, except as otherwise specified in A.R.S.

§ 41-1959 and this Section.

2.        Personally identifiable information includes:

a.        Name, address, and telephone number;

b.        Social Security number and date of birth;

c.        Unique  identifying  numbers  such  as  a   driver’s license number;

d.        Photographs;

e.        Information related to social and economic condi- tions or circumstances;

f.         Medical data, including diagnosis and past history of disease or disability; and

g.        Any other information which is reasonably likely to permit another person to readily identify the subject of the information.

B.       Release of information to applicants and recipients.

1.        An applicant or recipient may review the contents of his or her own eligibility file at any time during the Depart- ment’s regular business hours, provided that a Depart- ment employee is present during the review.

2.        A dependent child may review a case file in which the child is included as a recipient, only with the written per- mission of the child’s parent, or legal guardian or custo- dian.

3.        The Department may withhold medical information which, if released, may cause physical or mental harm to the person requesting the information, until the Depart- ment contacts the person’s physician and obtains an opin- ion that the Department can safely release the information.

C.      Release of information to authorized persons and representa- tives. An applicant or recipient may permit the release of information from the applicant or recipient’s eligibility file to

another person or representative by executing a release form containing the following information:

1.        The specific information the Department is authorized to release;

2.        The name of the person to whom the Department may release information;

3.        The duration of the release, if limited; and

4.        Signature and date.

D.      Release to persons and agencies for official purposes.

1.        An official purpose is one directly related to the adminis- tration of a public assistance program and includes:

a.        Establishing eligibility;

b.        Determining the amount of an assistance grant;

c.        Providing services to applicants and recipients, including child support enforcement services;

d.        Investigating or prosecuting civil or criminal pro- ceedings related to an assistance program; and

e.        Evaluating, analyzing, overseeing, and auditing pro- gram operations.

2.        The Department may release confidential information to the following persons and agencies to the extent required for official purposes:

a.        Department employees;

b.        Employees of the Social Security Administration;

c.        Public assistance agencies of any other state;

d.        Persons connected with the administration of child support enforcement activities;

e.        Arizona Attorney General’s Office;

f.         Persons connected with the administration of federal or federally assisted programs which provide assis- tance, in cash or in-kind, or services directly to indi- viduals on the basis of need;

g.        Government auditors when the audits are conducted in connection with the administration of any assis- tance program by a governmental entity which is authorized by law to conduct such audits;

h.        AHCCCSA, for eligibility purposes;

i.         Law enforcement officials for an investigation, pros- ecution, or civil or criminal proceedings conducted by or on behalf of the Department or a federal public assistance agency in connection with the administra- tion of a public assistance program; and

j.         The Internal Revenue Service for the purpose of identifying improperly claimed tax exemptions by the absent parent of a child supported by CA.

Historical Note

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R.

1141, effective July 1, 2010 (Supp. 10-2).