Eligibility Online Manual

M410 Safeguarding and Releasing Information

Purpose: This section provides information regarding safeguarding and releasing applicant and client information.

Current Policy Effective Date: April 1, 2006

Date Last Reviewed: May 23, 2007

Previous Policy:


1. Public Records Must Be Made Available

Public records must be made available to the public upon request and with the approval of the Program Manager or designee.

2. Public Records Must Not Contain Personal Information

Public records may contain any of the following:

General information not identifying individuals.

Statistical information related to budgets, expenditures, or applicant’s/client’s other information, not identifying individuals.

Information about Medicaid-related policies and procedures.

3. Case Records May Be Examined, Reviewed, or Copied

Clients or their authorized representatives are permitted to examine, review, or copy from their case records except the following confidential information:

    • Names of individuals or other parties who have disclosed information about the client without their knowledge.

    • Reports, correspondence, or any case entry involving information from another individual, agency, organization or institution about the client.

    • Information related to the status of prosecution of the client.

4. Authorization to Release Information Is Limited to Eligibility Determination

Only information needed to determine eligibility may be collected when the information is authorized for release on an application.

5. Medical Information May Be Released to Third Parties

Medical information must be released to the client directly by a medical/mental health professional, unless written authorization from the health professional is received prior to release.

Medical and psychological information provided by health care professionals may not be exchanged with other agencies unless the client specifically authorizes the exchange in writing.

6. Confidential Information May Be Released

Individuals must complete a release of information form for confidential information to be released to another governmental body, a court, or law enforcement individuals.

7. Materials Released Must Be Directly Related to Medicaid

All materials released to applicants, clients, or medical providers must be directly related to the administration of Medicaid programs.

8. Certain Materials May Be Distributed to Applicants/Clients

Materials directly related to the health and welfare of applicants/clients may be distributed. This may include announcements of free medical examinations, availability of surplus food and consumer protection information.

9. Applicant and Client Names Must Not Be Published


Defining Requirement: 42 CFR 431.306 – 307

Clarifying Information:

Do Not Charge Individuals/Agencies for Copying Information Related to Adverse Actions or Administrative Hearings.

Worker Responsibilities: