§ 105.5. Access by an individual to his case file.
(a) Except as limited by subsection (b), the entire contents of the case file of an individual which is maintained by a County Assistance Office, administering agency or service provider, will be made available to the individual and to his authorized representative. The agency may request that authorization of the representative be in writing signed by the individual. Requests for access will be honored if approved by the County Assistance Office Director or made at the following times:
(1) At the time of redetermination of eligibility or reapplication for assistance.
(2) After a request for a fair hearing.
(b) For the purposes of subsection (a), the contents of the case file of an individual may not include the following:
(1) Case narrative prior to January 1, 1980 unless that information is directly relevant to the issue in a fair hearing requested by the individual.
(2) Medical records, unless the supplying physician consents to their release.
(3) Information of a confidential or personal nature about members of the grant group, other than information about the individual requesting access.
(4) A written or narrative summary of complaints or allegations received by the Department about the individual. The substance of the complaints shall be available in summary form, to the extent that it is possible to do so while still insuring the continued confidentiality of the informant.
(5) Information compiled in reasonable anticipation of a civil or criminal action or proceeding.
(c) For the purposes of subsection (a), the term made available means that an individual will be permitted to examine his case file during normal working hours at the County Assistance Office in the presence of a staff member. No material may be removed from the case file by the individual; however, up to ten pages of material may be copied for the individual, if he so requests. If more than ten pages of material are requested, the Department may require the individual to pay a reasonable cost per page for reproducing the material in excess of ten pages.
(d) An individual may request, within 10 days following the review of his case file, that the agency correct or delete any portion thereof which the individual believes to be inaccurate, irrelevant or incomplete.
(1) If the Department agrees with the request of the individual the Department will promptly make the requested correction.
(2) If the agency objects to the request of the individual, the Department will promptly inform the individual of its objection, the reason for the objection, and the right of the individual to request a fair hearing as provided in § 275.1(a)(1) (relating to policy). Hearing requests must be made within 30 days of the date of the notice of refusal to amend as provided in § 275.3(b)(1) (relating to requirements).
(e) Nothing in this section limits access to the contents of a case file through the use of legal process, including a subpoena or proper discovery proceedings in the course of litigation. This section only is intended to define the terms of access outside of the use of legal process.
Source The provisions of this § 105.5 adopted December 21, 1979, effective February 19, 1980, 9 Pa.B. 4178.
Cross References This section cited in 55 Pa. Code § 105.1 (relating to policy); and 55 Pa. Code § 275.3 (relating to requirements).
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