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North Dakota Century Code Title 50. Public Welfare § 50-06-15. Confidentiality of information contained in records--Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

1. Individually identifiable information concerning an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department is confidential, except that any such information, including an individual's social security number, may be used and disclosed:

a. In the administration of any such program;

b. In accordance with a program's participation in the department's master client index data matching system, unless prohibited by federal law;

c. As specifically authorized by the rules of the department;

d. As permitted or required by other law; or

e. Notwithstanding confidentiality laws set forth in titles 14, 23, 25, 43, and 50 and the department's rules, within and between the department's divisions to assist with or to provide assistance or services under any program administered by or under the supervision and direction of the department. The disclosure of information under this subdivision must comply with applicable federal laws and regulations.

2. A vendor, agent, or contractor of the department must agree to maintain the confidentiality of individually identifiable information disclosed to that person by the department or by any individual applying for or receiving assistance or services and may use and disclose confidential information only to the extent that person's agreement with the department permits the use and disclosure of any such information.

3. As used in this section, “individually identifiable information” means information, including an individual's name, address, telephone number, facsimile number, social security number, electronic mail address, program identification number, protected health information, personally identifiable information, or any other unique identifying number, characteristic, or code, as well as demographic information collected from an individual, that:

a. Is created or received by the department; and

b. Relates to:

(1) The past, present, or future assistance or services applied for or received by an individual under any program administered by or under the supervision and direction of the department that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual; or

(2) A report, or any other information obtained, concerning an applicant or a provider of or an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department.

4. Except as otherwise specifically provided by law, a report concerning an applicant or a provider of or an individual applying for or receiving assistance or services under any program administered by or under the supervision and direction of the department, as well as any other information obtained, is confidential if the report is made in good faith, and may be disclosed to:

a. Authorized staff of the department and its authorized agents who further may disclose to persons who have a definite interest in the well-being of the adults or children concerned, who are in a position to serve their interests, and who need to know the contents of the records to assure the well-being and interests of the adults or children concerned.

b. Any person who is the subject of the report; provided, however, that the identity of the persons reporting or supplying information under this chapter is protected until the information is needed for use in an administrative or legal proceeding arising out of the report.

c. Public officials and their authorized agents who require the information in connection with the discharge of their official duties.

d. A court, including an administrative hearing officer, when the court determines the information is necessary for the determination of an issue before the court.

e. A person engaged in a bona fide research purpose approved by the department's institutional review board; provided, however, that no individually identifiable information as defined in subsection 3 is made available to the researcher unless the information is absolutely essential to the research purpose and the department gives prior approval.

5. Any person who discloses, authorizes, or knowingly permits, participates in, or acquiesces in the disclosure of any confidential information in violation of this section is subject to the penalty provided in section 12.1-13-01.

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Cite this article: FindLaw.com - North Dakota Century Code Title 50. Public Welfare § 50-06-15. Confidentiality of information contained in records--Penalty - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-50-public-welfare/nd-cent-code-sect-50-06-15/

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