HF 642 — A bill for an act relating to the release of certain confidential information by the department of human services to multidisciplinary teams and making penalties applicable. (Formerly HF 435.) Effective 7-1-19.

House File 642 - IntroducedEnrolled HOUSEHouse FILEFile 642 BYAN COMMITTEEACT ONRELATING HUMAN RESOURCES (SUCCESSOR TO HFTHE 435)RELEASE AOF BILLCERTAIN FORCONFIDENTIAL AnINFORMATION ActBY relatingTHE toDEPARTMENT theOF releaseHUMAN ofSERVICES certainTO confidentialMULTIDISCIPLINARY informationTEAMS byAND theMAKING departmentPENALTIES ofAPPLICABLE. human services to multidisciplinary teams and making penalties applicable.

TLSBSection 1212HV1. (1) 88 ko/rh H.F.

642 Section 1.

d.House File 642, p.

2 d.

Information described in subsection 1 2 shall not be disclosed to or used by any person or agency except for purposes of administration of the programs a program of services or assistance, and shall not in any case,case , except as otherwise provided in subsection 4 5, paragraph “b”, be disclosed to or used by persons or agencies a person outside the department unless they are the person is subject to standards of confidentiality comparable to those imposed on the department by this section.

Nothing in this section shall restrict the disclosure or use of information regarding the cost, purpose, number of persons individuals served or assisted by, and results of any LSBprogram 1212HVadministered (1)by 88the -1-department, ko/rhand 1/6other H.F.general and statistical information, so long as provided the information does not identify particular individuals any particular individual served or assisted.

642 program administered by the department, and other general and statistical information, so long as provided the information does not identify particular individuals any particular individual served or assisted.

(1) Upon written application to and with the approval of the directorHouse orFile the642, director’sp. designee, confidential information described in subsection 2, paragraphs “a”, “b”, and “c”, shall be disclosed to a public official for use in connection with the public official’s duties relating to law enforcement, audits, the support and protection of children and families, and other purposes directly connected with the administration of the programs of services and assistance referred to in this section.

(2)3 Ifdirector necessaryor forthe andirector’s individualdesignee, toconfidential receiveinformation services,described uponin writtensubsection application2, toparagraphs “a”, “b”, and “c”, shall be disclosed to a public official for use in connection with the approvalpublic ofofficial’s theduties directorrelating orto law enforcement, audits, the director’ssupport designee,and confidentialprotection informationof describedchildren inand LSBfamilies, 1212HVand (1)other 88purposes -2-directly ko/rhconnected 2/6with H.F.the administration of the programs of services and assistance referred to in this section.

642(2) If necessary for an individual to receive services, upon written application to and with the approval of the director or the director’s designee, confidential information described in subsection 2 shall be disclosed to a state agency, or a person that is not subject to chapter 17A, and that is providing services to the individual pursuant to chapter 239B promoting independence and self-sufficiency through employment through the job opportunities and basic skills program.

If approved by the director of human services or the director’s designee pursuant to a written request, the department shall disclose information described in subsection 1 to other state agencies or to any other person who is not subjectHouse toFile the642, provisionsp. of chapter 17A and is providing services to recipients under chapter 239B who are participating in the promoting independence and self-sufficiency through employment job opportunities and basic skills program, if necessary for the recipients to receive the services.

4 subject to the provisions of chapter 17A and is providing services to recipients under chapter 239B who are participating in the promoting independence and self-sufficiency through employment job opportunities and basic skills program, if necessary for the recipients to receive the services.

Information described in subsection 1, paragraphs “a”, “b”, and “c”, is subject to disclosure in accordance with LSBsection 1212HV235A.15, (1)subsection 8810. -3- ko/rh 3/6 H.F.

642 section 235A.15, subsection 10.

The reports Any report required to be prepared by the department under this section shall, with respect to such regarding assistance or services, provided pursuant to chapter 252 shall be prepared by the person or officer charged with the oversight of the poor individual appointed pursuant to section 252.26.252.26 .

Any person may institute a civil action for damages under chapter 669 or to restrain the dissemination of confidential records set out in section 217.30, subsection 1 2, paragraph “b”, “c”, or “d”, in violation of that section, and any person, agency or governmental body proven to have disseminated or to have requested and received confidential records in violation of section 217.30, subsection 1 2, paragraph “b”, “c”, or “d”, shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, andHouse reasonableFile attorney642, feesp. incurred by the party bringing the action.

5 and reasonable attorney fees incurred by the party bringing the action.

LSBSec. 1212HV (1) 88 -4- ko/rh 4/6 H.F.

642 Sec.

EXPLANATION______________________________ The______________________________ inclusionLINDA ofUPMEYER thisCHARLES explanationSCHNEIDER doesSpeaker notof constitutethe agreementHouse withPresident of the explanation’sSenate substanceI byhereby thecertify membersthat ofthis bill originated in the generalHouse assembly.and is known as House File 642, Eighty-eighth General Assembly.

This______________________________ billCARMINE relatesBOAL toChief theClerk release of certain confidential information by the departmentHouse ofApproved human_______________, services2019 (DHS)______________________________ toKIM multidisciplinaryREYNOLDS teams.Governor

Currently, DHS may only share confidential information with a multidisciplinary team as part of a child abuse assessment.

This bill amends Code section 217.30 to allow DHS to release confidential information to a multidisciplinary team if DHS approves the composition of the multidisciplinary team and the team’s sole focus is identifying services for children who are victims of, and children at risk of becoming victims of, human trafficking.

Confidential information can only be shared if a multidisciplinary agreement is in place between DHS and the multidisciplinary team that certifies that all confidential information shared among the parties to the agreement shall LSB 1212HV (1) 88 -5- ko/rh 5/6 H.F.

642 be used solely for identifying such services and shall remain confidential and not be shared with any other person.

Violation of this Code section is a serious misdemeanor.

The bill makes conforming changes to Code section 217.31(1) (civil actions for damages —— dissemination of confidential information), Code section 235A.17(3)(b)(1) (redissemination of child abuse information), and Code section 239B.8(6) (family investment agreements —— confidential disclosure).

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