CSS Research Tool
Displaying 76 - 150 of 239 resources
Citation |
Type | Description |
|---|---|---|
| 42 U.S.C. § 602(a)(1)(A)(iv) | Federal statute |
A state’s plan for the Temporary Assistance for Needy Families (TANF) program must indicate how the state will take reasonable steps, as the state deems necessary, to restrict the use and disclosur |
| 42 U.S.C. § 608(a)(9)(B) | Federal statute |
If a federal, state, or local law enforcement officer asks for a specific TANF recipient's address, DSS must provide the address. |
| 42 U.S.C. § 611a | Federal statute |
State and local social services agencies that administer the Temporary Assistance for Needy Families (TANF) program are required to notify the federal Immigration and Naturalization Service when th |
| 42 U.S.C. § 653(b)(2) | Federal statute |
Specifies disclosure restrictions that apply to the Federal Parent Locator service. |
| 42 U.S.C. § 653(j)(3) | Federal statute |
Authorizes other federal programs to share information with the Federal Parent Locator Service for the purpose of child support enforcement. |
| 42 U.S.C. § 654(26) | Federal statute |
As a condition of receiving federal funding for the child support enforcement program, the state must "have in effect safeguards, applicable to all confidential information handled by the Stat |
| 42 U.S.C. § 671(a)(8) | Federal statute |
As a condition of receiving federal funding for child welfare services under Title IV-B of the Social Security Act, a state must establish safeguards that restrict the use of or disclosure of infor |
| 45 C.F.R. 1321.51 | Federal regulation |
State aging agencies, area aging agencies, and providers who provide programs or services to senior citizens funded under the federal Older Americans Act may not disclose information about, or rece |
| 45 C.F.R. 1355.21(a) | Federal regulation |
As a condition of receiving federal funding for child welfare services under Title IV-B of the Social Security Act, a state must establish safeguards that restrict the use of or disclosure of infor |
| 45 C.F.R. 1355.30 | Federal regulation |
Providing that state programs funded under Titles IV-B and IV-E of the Social Security Act (Foster Care and Adoption Assistance programs) must comply with the confidentiality protections outlined i |
| 45 C.F.R. 160.203(c) | Federal regulation |
Section of the HIPAA Privacy Regulation explaining when the federal regulation will preempt other laws. |
| 45 C.F.R. 164 | Federal regulation |
Federal regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) limit the use and disclosure of protected health information by covered health care provi |
| 45 C.F.R. 164.512 | Federal regulation |
Section of the HIPAA Privacy Regulation describing when disclosures are permitted without patient authorization. |
| 45 C.F.R. 205.50 | Federal regulation |
Detailed federal regulation that governs information sharing for public assistance programs. It is also incorporated by reference into the federal laws governing child welfare. |
| 45 C.F.R. 303.21 | Federal regulation |
Confidentiality requirements applicable to information maintained by child support enforcement programs funded through Title IV-D of the Social Security Act. |
| 45 C.F.R. 307.13 | Federal regulation |
Confidentiality and security requirements applicable to electronic information maintained by child support enforcement programs funded through Title IV-D of the Social Security Act. |
| 45 N.C. Atty. Gen. Op. 273 (1976) | State guidance |
G.S. 108A-80(b) does not allow publication of the list of public assistance recipients in a newspaper because such publication is for a commercial purpose. |
| 47 N.C. Atty. Gen. Op. 211 (1978) | State guidance |
Explains that the confidentiality laws governing social services information applied to all DSS records related to child abuse and neglect cases. |
| 48 N.C. Atty. Gen. Op. 85 (1980) | State guidance |
Addressed disclosure of otherwise confidential personnel information to the parent locator service for the child support enforcement program. |
| 49 N.C. Atty. Gen. Op. 198 (1980) | State guidance |
A county social services department may not disclose information regarding child protective services cases to a community advisory group unless the disclosure is for purposes directly connected wit |
| 49 N.C. Atty. Gen. Op. 61 (1979) | State guidance |
County social services department may disclose public assistance and social services records to the state DHHS in connection with its evaluation of social services programs. |
| 5 U.S.C. § 552(b) | Federal statute |
Outlines exceptions to the Federal Freedom of Information Act. |
| 5 U.S.C. § 552a | Federal statute |
Commonly referred to as the Privacy Act of 1974. |
| 53 N.C. Atty. Gen. Op. 108 (1984) | State guidance |
A county social services department may disclose client information to law enforcement agencies investigating fraud related to public assistance or social services programs. |
| 58 N.C. Atty. Gen. Op. 33 (1988) | State guidance |
Confidentiality laws that apply to juvenile records do not apply to reports of motor vehicle incidents involving drivers under the age of 18. |
| 7 C.F.R. 246.26 | Federal regulation |
WIC applicant or participant information is confidential, and state agencies must restrict the use and disclosure of confidential information to persons directly connected with the administration o |
| 7 C.F.R. 272.1(c) | Federal regulation |
State and local social services agencies that administer the federal Food Stamp Supplemental Nutrition Assistance Program must adopt safeguards to limit the use or disclosure of information obtaine |
| 7 U.S.C. § 2020(e)(15) | Federal statute |
State and local social services agencies that administer the Supplemental Nutrition Assistance Program (SNAP) are required to notify the federal Immigration and Naturalization Service when they det |
| 7 U.S.C. § 2020(e)(8) | Federal statute |
State and local social services agencies that administer the federal Food Stamp Supplemental Nutrition Assistance Program must adopt safeguards to limit the use or disclosure of information obtaine |
| 8 U.S.C. § 1644 | Federal statute |
Notwithstanding any other federal, state, or local law to the contrary, a state or local government entity may not be prohibited from providing information to the federal Immigration and Naturaliza |
| ACF Confidentiality Toolkit (June 2014) | Federal guidance |
Resource collecting and summarizing federal confidentiality laws applicable to social services programs. |
| Brunson v. N.C. Dep't of Soc. Servs., 5:09-CT-03063-FL (E.D.N.C. Apr. 24, 2013) reconsideration denied in part, 5:09-CT-3063-FL (E.D.N.C. July 29, 2013) | Federal case |
Section 1983 claim against DSS staff arguing that the agency filed false reports leading to his indictment. Plaintiff filed motion to compel production of documents protected by GS 7B-302. |
| Fracaro v. Priddy, 514 F. Supp. 191 (M.D.N.C. 1981) | Federal case |
Employment case involving a DSS employee's disclosure of information to the media about a child welfare case. |
| G.S. 105-259 | State statute |
State agencies may disclose state tax returns and other state tax information concerning individual taxpayers only when required by court order or as otherwise provided by law. |
| G.S. 108A-103(a) | State statute |
After completing an adult protective services investigation, the county social services department must notify the individual who reported the suspected abuse, neglect, or exploitation. |
| G.S. 108A-109 | State statute |
The county social services director must notify the district attorney when an adult protective services investigation finds evidence that a person has abused, neglected, or exploited a disabled adu |
| G.S. 108A-11 | State statute |
Members of the county board of social services are authorized to “inspect and examine” any record of the county social services department relating to applications for or provision of public assist |
| G.S. 108A-26.1 | State statute |
County DSSs are required to notify applicants for Work First and Food and Nutrition assistance that the agency may release confidential information from the record if there is an outstanding arrest |
| G.S. 108A-73 | State statute |
GS Chapter 108A, Article 3 (G.S. 108A-71) provides general authorization for the state to accept grants-in-aid to administer social services programs. |
| G.S. 108A-79 | State statute |
A person appealing a decision related to a public assistance program has a right to have access to relevant information in the DSS case file. |
| G.S. 108A-80 | State statute |
This is the general, overarching confidentiality law that applies to "any list of names or other information concerning persons applying for or receiving public assistance or social services t |
| G.S. 110-129.1(a)(1) | State statute |
Information obtained pursuant to an administrative subpoena issued by the Secretary of the state DHHS in connection with a child support enforcement case is confidential and may be used only by the |
| G.S. 110-129.2(i) | State statute |
Information contained in the state directory of new hires maintained by the state DHHS is confidential and may be used only by the state child support enforcement program or as otherwise allowed by |
| G.S. 110-139(b) | State statute |
Nonjudicial records maintained by the state DHHS pertaining to child support enforcement are confidential and may be disclosed only to authorized representatives of social services agencies, public |
| G.S. 110-139.1 | State statute |
Nonjudicial records maintained by the state DHHS’ parent locator service are confidential and may be disclosed only to persons directly connected with the child support enforcement program or to ju |
| G.S. 110-90.2 | State statute |
All information received by the state DHHS related to criminal history checks of child care providers is “privileged,” is not a public record, and may be used only by DHHS and persons authorized to |
| G.S. 122C-52 through 56 | State statute |
Any information, whether or not recorded, relating to services provided to an identifiable individual by a mental health facility is confidential and may not be disclosed except as authorized by la |
| G.S. 130A-101(g) | State statute |
Parents are required to provide their Social Security numbers in connection with the registration of the birth of their child. |
| G.S. 130A-102 | State statute |
Medical information contained in a birth certificate shall not be public records open to inspection. |
| G.S. 130A-12 | State statute |
Protects the confidentiality of certain health information maintained by the NC DHHS and local health departments. |
| G.S. 130A-143 | State statute |
All information and records, whether publicly or privately maintained, that identify a person who has or may have any reportable communicable disease are “strictly confidential” and may be disclose |
| G.S. 130A-212 | State statute |
Provides that "clinical records or reports of individual patients" collected by the NC DHHS cancer registry are confidential and not public records. |
| G.S. 130A-25 | State statute |
A violation of the state's public health statutes, including the confidentiality provisions of G.S. 130A-143, is a Class 1 misdemeanor. |
| G.S. 130A-45.8 | State statute |
Medical records compiled and maintained by public health authorities in connection with the admission, treatment, and discharge of individual patients are not public records. |
| G.S. 130A-93 | State statute |
The names of children and parents, the addresses of parents (other than county of residence and postal code), and the Social Security numbers of parents contained in birth records in the possession |
| G.S. 130A-99 | State statute |
The names of children and parents, the addresses of parents (other than county of residence and postal code), and the Social Security numbers of parents contained in birth records in the possession |
| G.S. 131D-10.3A(g) | State statute |
G.S. |
| G.S. 131D-10.5A | State statute |
A residential child-care facility providing continuing full-time foster care must collect data on its use of physical restraint of children and make the data available to the state Department of He |
| G.S. 131D-10.6B | State statute |
A residential child-care facility providing continuing full-time foster care must notify the state Department of Health and Human Services of a death of any resident of the facility. |
| G.S. 131D-2.14 | State statute |
Another law, G.S. 131D-2.11, requires NC DHHS (through the county departments of social services) to conduct annual inspections of licensed adult care homes. |
| G.S. 131D-21(6) | State statute |
Personal and medical records of adult care home residents are confidential and may not be disclosed except as permitted or required by applicable State or federal law. |
| G.S. 131D-21.1 | State statute |
Another law, G.S. 131D-21(6), provides that adult care home residents have a right to confidentiality of their medical records. |
| G.S. 131D-27 | State statute |
The state DHHS and its agents are authorized to inspect the records of adult care home residents maintained at an adult care home when the inspection is necessary to investigate an alleged violatio |
| G.S. 131D-27 | State statute |
NC DHHS (typically through the county DSS) may have access to adult care home residents' records when investigating potential violations of state law by the home. |
| G.S. 131D-28 | State statute |
Allows patients, NC DHHS, guardians, and guardians ad litem to file a civil action for injunctive relief to enforce the Adult Care Home Residents' Bill of Rights in GS 131D-21(6) (including th |
| G.S. 131D-32 | State statute |
A county adult care home advisory committee may not disclose the identity of a complainant or the identity of a resident involved in a complaint except as permitted under the federal Older American |
| G.S. 131D-34 | State statute |
NC DHHS may impose administrative penalties for violations of the adult care home residents' rights, including the right to confidentiality in G.S. 131D-21(6). |
| G.S. 131D-4.8 | State statute |
DSS may be part of an adult care home resident discharge team, especially for residents "whose primary unmet needs are related to health, including Alzheimer's disease and other forms of |
| G.S. 131D-40 | State statute |
Criminal history checks of prospective adult care home employees that are provided by the state Department of Justice to licensed adult care homes are confidential and may not be disclosed to anyon |
| G.S. 131E-108 | State statute |
Another law, G.S. 131E-117(5), provides that nursing home residents have a right to confidentiality of their medical records. |
| G.S. 131E-117 | State statute |
Provides that personal and medical records of nursing home patients are confidential. They may be disclosed: |
| G.S. 131E-123 | State statute |
Allows patients, NC DHHS, guardians, and guardians ad litem to file a civil action for injunctive relief to enforce the Nursing Home Patients' Bill of Rights in GS 131E-117 (including the conf |
| G.S. 131E-124 | State statute |
Requires NC DHHS to investigate complaints related to nursing homes and authorizes the agency to have access to medical records in the course of the investigation. |
| G.S. 131E-129 | State statute |
Authorizes NC DHHS to impose administrative penalties for violations of the Nursing Home Patients' Bill of Rights in GS 131E-117, including the confidentiality provision. |
| G.S. 131E-141 | State statute |
Authorizing NC DHHS to have access to confidential information in the course of inspecting home care agencies, unless a client objects in writing to review of that client's records. |