§ 20-76-433 — Records - Confidentiality

(a) (1) (A) Records identifying persons participating in programs administered by the Department of Human Services may be disclosed only as expressly authorized by law or regulation creating or implementing the programs. (B) The rulemaking power of the Department of Human Services shall include the power to establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and departmental communications. (2) (A) (i) The various executive departments and agencies of the state shall exchange information as necessary for each department and agency to accomplish objectives and fulfill obligations created or imposed by federal or state law. (ii) The various executive departments and agencies of the state shall execute operating agreements to facilitate the exchanges of information authorized by this chapter. (B) Information received pursuant to this chapter shall be maintained by persons with a business need to access the information and shall be further disclosed only in accordance with any confidentiality provisions applicable to the department or agency originating the information. (b) Except for purposes directly connected with the administration of public assistance and in accordance with the rules of the Department of Human Services, it shall be unlawful for any person or persons to solicit, disclose, receive, make use of, authorize, knowingly permit, participate in, or acquiesce in the use of any list of or names of or any information concerning persons applying for or receiving assistance directly or indirectly derived from the records, papers, files, or communications of the Department of Human Services or acquired in the course of the performance of official duties. (c) Any person violating the provisions of this section or any rules promulgated under the power hereof shall upon conviction be deemed guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or confined in the county jail for not less than ten (10) days nor more than sixty (60) days or shall be subjected to both a fine and jail sentence.

Legislative History

Amended by Act 2019, No. 315,§ 2254, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2253, eff. 7/24/2019. Acts 1939, No. 280, § 32; 1941, No. 274, § 6; A.S.A. 1947, § 83-138; Acts 1997, No. 1058, § 22.