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 that may be directly or indirectly derived from the records, files or communications of the Department or the county boards of social services, or county departments of social services or acquired in the course of performing official duties." In order for information to be considered confidential under G.S. 108A-80, it must meet both of the following criteria:

(1) The information must relate to an individual who has applied for, has received, or is receiving public assistance or social services (that is, a “client” of a state or county social services agency).
(2) The information must be derived directly or indirectly from the records or communications of a state or county social services agency or obtained by a state or county social services agency in the performance of its official duties with respect to the administration of public assistance or social services programs.

If information regarding a social services client meets these two criteria, the form in which the information is maintained does not affect its confidentiality. Thus, information “contained” in oral communications to or by social services employees or derived from the personal observations of social services employees—as well as information contained in forms, memos, notes, recordings, official records or case files, and computer data bases—may be confidential under G.S. 108A-80.

The confidentiality restrictions of this statute apply to “any person” who obtains, uses, or discloses confidential information regarding a social services client. G.S. 108A-80, therefore, applies not only to all employees and officials of state or county social services agencies (including county social services board members) but also to other local, state, and federal government agencies, employees, and officials, law enforcement officers, volunteers who work for social services agencies, individuals and agencies who contract with social services agencies, individuals and agencies who receive confidential information from social services agencies, the media, and the public at large.

The Social Services Commission is authorized to adopt rules governing access to case files for social services and public assistance programs, except the Medical Assistance Program (i.e., Medicaid). The Secretary of the Department of Health and Human Services shall have the authority to adopt rules governing access to medical assistance case files.

PROGRAM ADMINISTRATION
The statute allows disclosure "for purposes directly connected with the administration of the programs of public assistance and social services in accordance with federal law, rules and regulations, and the rules of the Social Services Commission or the Department." There are many state regulations that are connected to this statute.

CHECK REGISTERS
The statute requires NC DHHS to furnish a copy of the recipient check register monthly to each county "auditor" (likely now finance office) showing a complete list of all recipients of Work First Family Assistance in Standard Program Counties and State County Special Assistance, their addresses, and the amounts of the monthly grants. An Electing County whose checks are not being issued by the State shall furnish a copy of the recipient check register monthly to its county finance office showing a complete list of all recipients of Work First Family Assistance in the Electing County, their addresses, and the amounts of the monthly payments. These registers shall be public records open to public inspection during the regular office hours of the county finance office, but the registers or the information contained therein may not be used for any commercial or political purpose.

EDUCATION
The statute authorizes DHHS to "share confidential information concerning a person receiving public assistance or social services with a local school administrative unit and with the Department of Public Instruction. Disclosure is limited to that information necessary to establish, coordinate, or maintain appropriate educational services for the person receiving public assistance or social services."

NOT TO BE USED AS A MAILING LIST
The statute prohibits the use of any listing of recipients of benefits under any public assistance or social services program that is compiled by or used for official purposes by a county board of social services or a county department of social services as a mailing list for political purposes.

PENALTY
The statute provides that a violation of the "section" is a Class 1 misdemeanor. That language is included in one paragraph of the statute but because it uses the term "section" rather than "subsection," the penalty likely applies to any violation of the entire statute.