Bill Text: IA HF642 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the release of certain confidential information by the department of human services to multidisciplinary teams and making penalties applicable. (Formerly HF 435.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. H.J. 1082. [HF642 Detail]
Download: Iowa-2019-HF642-Enrolled.html
House
File
642
-
Enrolled
House
File
642
AN
ACT
RELATING
TO
THE
RELEASE
OF
CERTAIN
CONFIDENTIAL
INFORMATION
BY
THE
DEPARTMENT
OF
HUMAN
SERVICES
TO
MULTIDISCIPLINARY
TEAMS
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
217.30,
Code
2019,
is
amended
to
read
as
follows:
217.30
Confidentiality
of
records
——
report
of
recipients.
1.
For
purposes
of
this
section
unless
the
context
otherwise
requires,
“person”
means
the
same
as
defined
in
section
4.1.
1.
2.
The
following
information
relative
to
individuals
an
individual
receiving
services
or
assistance
from
the
department
shall
be
held
confidential
except
as
otherwise
provided
in
subsection
5
:
a.
Names
and
addresses
of
individuals
The
name
and
address
of
an
individual
receiving
services
or
assistance
from
the
department,
and
the
types
type
of
services
or
amounts
amount
of
assistance
provided
,
except
as
otherwise
provided
in
subsection
4
.
b.
Information
concerning
the
social
or
economic
conditions
or
circumstances
of
particular
individuals
an
individual
who
are
is
receiving
or
have
has
received
services
or
assistance
from
the
department.
c.
Agency
evaluations
An
agency
evaluation
of
information
about
a
particular
an
individual.
House
File
642,
p.
2
d.
Medical
or
psychiatric
data,
including
diagnosis
and
past
history
of
disease
or
disability,
concerning
a
particular
an
individual.
2.
3.
Information
described
in
subsection
1
2
shall
not
be
disclosed
to
or
used
by
any
person
or
agency
except
for
purposes
of
administration
of
the
programs
a
program
of
services
or
assistance,
and
shall
not
in
any
case
,
except
as
otherwise
provided
in
subsection
4
5
,
paragraph
“b”
,
be
disclosed
to
or
used
by
persons
or
agencies
a
person
outside
the
department
unless
they
are
the
person
is
subject
to
standards
of
confidentiality
comparable
to
those
imposed
on
the
department
by
this
section
.
3.
4.
Nothing
in
this
section
shall
restrict
the
disclosure
or
use
of
information
regarding
the
cost,
purpose,
number
of
persons
individuals
served
or
assisted
by,
and
results
of
any
program
administered
by
the
department,
and
other
general
and
statistical
information,
so
long
as
provided
the
information
does
not
identify
particular
individuals
any
particular
individual
served
or
assisted.
4.
5.
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.
2
shall
only
be
disclosed
under
the
following
circumstances:
(1)
Upon
written
application
to
and
with
the
approval
of
the
House
File
642,
p.
3
director
or
the
director’s
designee,
confidential
information
described
in
subsection
2,
paragraphs
“a”
,
“b”
,
and
“c”
,
shall
be
disclosed
to
a
public
official
for
use
in
connection
with
the
public
official’s
duties
relating
to
law
enforcement,
audits,
the
support
and
protection
of
children
and
families,
and
other
purposes
directly
connected
with
the
administration
of
the
programs
of
services
and
assistance
referred
to
in
this
section.
(2)
If
necessary
for
an
individual
to
receive
services,
upon
written
application
to
and
with
the
approval
of
the
director
or
the
director’s
designee,
confidential
information
described
in
subsection
2
shall
be
disclosed
to
a
state
agency,
or
a
person
that
is
not
subject
to
chapter
17A,
and
that
is
providing
services
to
the
individual
pursuant
to
chapter
239B
promoting
independence
and
self-sufficiency
through
employment
through
the
job
opportunities
and
basic
skills
program.
(3)
Information
described
in
subsection
2,
paragraphs
“a”
,
“b”
,
and
“c”
,
in
accordance
with
section
235A.15,
subsection
10.
(4)
To
a
multidisciplinary
team
as
defined
in
section
235A.13,
subsection
8,
if
the
department
approves
the
composition
of
the
multidisciplinary
team
and
the
team’s
sole
focus
is
identifying
services
for
children
who
are
victims
of,
and
children
at
risk
of
becoming
victims
of,
human
trafficking
as
defined
in
section
710A.1.
Confidential
information
shall
only
be
shared
if
a
fully
executed
multidisciplinary
agreement
is
in
place
between
the
department
and
the
multidisciplinary
team
certifying
that
all
confidential
information
shared
between
the
parties
to
the
multidisciplinary
agreement
shall
be
used
solely
for
identifying
services
for
children
who
are
victims
of,
and
children
at
risk
of
becoming
victims
of,
human
trafficking.
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
House
File
642,
p.
4
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.
6.
If
it
is
definitely
established
the
director
or
the
director’s
designee
finds
that
any
provision
of
this
section
would
will
cause
any
of
the
programs
a
program
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.
7.
The
provisions
of
this
This
section
shall
apply
to
recipients
of
assistance
under
an
individual
receiving
assistance
pursuant
to
chapter
252
.
The
reports
Any
report
required
to
be
prepared
by
the
department
under
this
section
shall,
with
respect
to
such
regarding
assistance
or
services
,
provided
pursuant
to
chapter
252
shall
be
prepared
by
the
person
or
officer
charged
with
the
oversight
of
the
poor
individual
appointed
pursuant
to
section
252.26
.
7.
8.
Violation
of
An
individual
that
violates
this
section
shall
constitute
commits
a
serious
misdemeanor.
8.
9.
The
provisions
of
this
This
section
shall
take
precedence
over
section
17A.12,
subsection
7
.
Sec.
2.
Section
217.31,
subsection
1,
Code
2019,
is
amended
to
read
as
follows:
1.
Any
person
may
institute
a
civil
action
for
damages
under
chapter
669
or
to
restrain
the
dissemination
of
confidential
records
set
out
in
section
217.30,
subsection
1
2
,
paragraph
“b”
,
“c”
,
or
“d”
,
in
violation
of
that
section,
and
any
person,
agency
or
governmental
body
proven
to
have
disseminated
or
to
have
requested
and
received
confidential
records
in
violation
of
section
217.30,
subsection
1
2
,
paragraph
“b”
,
“c”
,
or
“d”
,
shall
be
liable
for
actual
damages
and
exemplary
damages
for
each
violation
and
shall
be
liable
for
court
costs,
expenses,
House
File
642,
p.
5
and
reasonable
attorney
fees
incurred
by
the
party
bringing
the
action.
In
no
case
shall
the
award
for
damages
be
less
than
one
hundred
dollars.
Sec.
3.
Section
235A.17,
subsection
3,
paragraph
b,
subparagraph
(1),
Code
2019,
is
amended
to
read
as
follows:
(1)
Department
of
human
services
information
described
in
section
217.30,
subsection
1
2
.
Sec.
4.
Section
239B.8,
subsection
6,
Code
2019,
is
amended
to
read
as
follows:
6.
Confidential
information
disclosure.
If
approved
by
the
director
of
human
services
or
the
director’s
designee
pursuant
to
a
written
request,
the
department
shall
disclose
confidential
information
described
in
section
217.30,
subsection
1
2
,
to
other
state
agencies
or
to
any
other
entity
which
is
not
subject
to
the
provisions
of
chapter
17A
and
is
providing
services
to
a
participant
family
who
is
subject
to
a
family
investment
agreement,
if
necessary
in
order
for
the
participant
family
to
receive
the
services.
The
department
shall
adopt
rules
establishing
standards
for
disclosure
of
confidential
information
if
disclosure
is
necessary
in
order
for
a
participant
to
receive
services.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
642,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
