§ 105.4. Procedures.
(a) Use and disclosure of information outside the Department. The Department will use information or disclose it to private individuals, officials or agencies outside the Department as set forth in the following:
(1) Provided that the information is not to be used for political or commercial purposes, the address and amount of assistance a person is currently receiving will be disclosed to an adult resident of this Commonwealth who asks for the information about a person. In releasing the information, the county office must be reasonably assured that the person is 21 years of age or older and a resident of this Commonwealth. The county office also will take the following steps:
(i) If the inquirer appears in person, the information in the ‘‘Request’’ section of Form PA 163, Request for Address and/or Amount of Assistance will be filled in, and the person making the request shall sign the form before the information is disclosed. The ‘‘Reply’’ section of the form will then be completed.
(ii) If the request is made by telephone and the inquirer is known to the person receiving the request and the inquirer knows about the restrictions on the use of information, the information will be given over the telephone. Otherwise, the inquirer will be advised to either come to the office or to make his request in writing. If information is given over the telephone, the person giving the information will prepare a Form PA 163 (Request for Address and/or Amount of Assistance) for file, showing the name of the person making the request.
(iii) If the information is requested by correspondence, the county office will prepare a reply in duplicate, always including in any reply that gives information the following excerpts from the Public Welfare Code (62 P. S. § § 404 and 483):
Section 404: The department shall have the power to make and enforce regulations:
(1) To protect the names of applicants for and recipients of public assistance from improper publication, and to restrict the use of information furnished to other agencies or persons to purposes connected with the administration of public assistance. Upon request by any adult resident of the Commonwealth, the department may furnish the address and amount of assistance with respect to persons about whom inquiry is made; but, information so obtained shall not be used for commercial or political purposes; and, no information shall be furnished regarding any person’s application for, or receipt of, medical assistance.
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Section 483 Penalties.—Any person knowingly violating any of the rules and regulations of the department made in accordance with the Article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine, not exceeding one hundred dollars ($100), or to undergo imprisonment, not exceeding six months, or both.
(2) Information relating to the eligibility of a person for assistance obtained as a result of a request for information will be entered in the case record. The signed Form PA 163, Request for Address and/or Amount of Assistance, or the duplicate of the letter will be filed so as to make it as easy as possible to assemble information on these requests for the State Office when it asks for the information.
(b) Additional uses. Before use or disclosure of information as provided in this chapter, it is the responsibility of the Department to be reasonably assured that the use or disclosure is for a purpose connected with public assistance and the receiving agency or official will safeguard the information, will use it only for the purposes for which it was made available and has standards of protection equal to those of the Department on the use of information by staff, and on office equipment and procedures.
(1) Action by the Department to collect money due, or to protect welfare of certain clients. Information may be disclosed by the Department when necessary to carry out the regulations on recovering money due as set forth in Chapters 255 and 257 (relating to restitution; and reimbursement).
(2) Request by a public or private agency. At the request of a public or private agency that the individual has asked for services, information may be furnished to the agency if its objective is to protect or advance the welfare of the individual, and if the individual has given that agency specific consent to the release of specific information from the records of the Department.
(3) Judicial order (subpoena). Information may be disclosed on proper judicial order. If, however, a proper judicial order to disclose information other than as provided in subsection (a) is for a purpose not connected with the administration of the Department, the following steps will be taken:
(i) The Executive Director will send a memo to the Chief, Division of Claim Settlement, Harrisburg, Pennsylvania explaining the situation and asking for legal counsel. In an emergency, the Executive Director will telephone.
(ii) A staff member will appear in court with counsel.
(iii) The Department will plead, in support of its request to withhold information, that under the Public Welfare Code (62 P. S. § § 101—1503), the rules of the Department prohibit the disclosure of information in records and files, including the names of clients, except as provided in subsection (a).
(iv) After the plea is made, the Department will be governed by the final order of the court.
(v) Immediately following the court proceedings, a complete report will be made to the Chief, Division of Claim Settlement, Harrisburg, Pennsylvania.
(c) Release of information to law enforcement officials. For applicants and recipients of TANF and GA cash assistance, the Department will comply with the following:
(1) Provide to a Federal, State or local law enforcement officer the address of a fugitive felon, parole or probation violator or an individual who may have information that the officer needs to conduct official duties if the location and apprehension of the recipient is within the official duties.
(2) Exchange information with the Pennsylvania State Police and the Board of Probation and Parole to identify individuals who have been sentenced for a felony or misdemeanor and have not satisfied the penalty imposed by law to ensure that cash assistance is not granted to those individuals. The Pennsylvania State Police and Board of Probation and Parole will have access to the records of the Department’s Assistance Recipient Identification Program (finger-imaging file).
(d) Names of SBP recipients. A request by an individual or organization for the names of SBP recipients, or for lists of the names, except as provided in this section, will be referred to the Bureau of Blindness and Visual Services, Department of Human Services, Harrisburg, Pennsylvania. The files of the Bureau of Blindness and Visual Services contain the names of blind persons who are not recipients as well as those who are. The Bureau of Blindness and Visual Services is the agency authorized by law to collect data on the nature and extent of blindness in this Commonwealth. The Bureau of Blindness and Visual Services will determine the validity of a request for names of blind persons and will release appropriate names to those individuals or agencies that have a valid interest in blind persons.
(e) Mailing or distribution of materials. Procedures for mailing or distribution of materials will be as follows:
(1) Materials mailed or distributed to applicants, recipients or medical vendors will be limited to those which are directly related to the administration of the program. This will include materials enclosed in envelopes containing checks. Materials having political implication are prohibited from mailing or distribution to applicants, recipients or medical vendors. Specifically prohibited from mailing or distribution will be holiday greetings, general public announcements, voting information and alien registration notices.
(2) Mailing or distributing materials that are in the immediate interest of the health and welfare of applicants and recipients is permitted. The materials include announcements of free medical examinations, availability of surplus food and consumer protection information.
(3) Only the names of persons directly connected with the administration of the program will be contained in material mailed or distributed to applicants, recipients and vendors. The persons will be identified only in their official capacity with the Department.
(f) Making rules and regulations known. The provisions of this chapter, including the penalty for violation, will be:
(1) Distributed to every county board member and members of the appropriate State boards.
(2) Circulated to Department employees concerned with the administration of public assistance, called to the attention of every new employee and filed to be accessible to every employee.
(3) Made available to persons to whom public assistance information is given.
(4) Made available to interested persons.
Authority The provisions of this § 105.4 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)); Titles I and III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193) (PRWORA), creating the Temporary Assistance for Needy Families (TANF) Program, and amending 42 U.S.C.A. § § 601—619, 651—669(b) and 1396u-1; and the Federal TANF regulations in 45 CFR 260.10—265.10.
Source The provisions of this § 105.4 amended September 13, 2002, effective retroactively to March 3, 1997, 32 Pa.B. 4435. Immediately preceding text appears at serial pages (247245) to (247246) and (266087) to (266088).
Notes of Decisions Disclosure of Information
A nonprofit organization is not entitled to obtain a list of welfare recipients against whose real property the Department had unsatisfied recorded property liens from the Department of Public Welfare. Mon Valley Unemployed Committee v. Department of Public Welfare, 618 A.2d 1227 (Pa. Cmwlth. 1992); appeal denied 692 A.2d 1385 (Pa. 1993).
The public assistance file of a plaintiff in a personal injury suit must be supplied for in camera inspection and copying when it is clear that the requested records hold relevant information which may be instrumental in determing issues of injuries or medical conditions existing prior to the condition complained of, and the plaintiff has executed a release giving the defendant access to confidential medical information including ‘‘governmental records.’’ Cleversy v. Denver and Ephrata Telephone and Telegraph Company, 15 Pa. D. & C.3d 223 (1980).
The Department must comply with a subpoena duces tecum and supply records pertaining to the petitioner in a proceeding to determine paternity, but the petitioner is not precluded from asserting the privilege that such records not be disclosed, even though the DPW fails to follow its own procedure for pleading that such disclosure is restricted. Spangler v. Spangler, 12 Pa. D. & C.3d 290 (1978).
Cross References This section cited in 55 Pa. Code § 105.1 (relating to policy); and 55 Pa. Code § 105.3 (relating to requirements).
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