With the exception of child protective services records, this chapter governs confidentiality of records and information of the Department of Human Services and local departments. COMAR 07.02.07 governs the confidentiality of child protective services records. If this chapter conflicts with any other applicable State or federal regulation or law, the provision which more strictly protects confidentiality of records applies. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, State Government Article, §10-611 et seq., Annotated Code of Maryland. “Administration” means any of the following administrations within the Department of Human Services: Social Services Administration; Family Investment Administration; Child Support Administration. “Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record. “Department” means the Department of Human Services, its administrations, and the local departments. “Fugitive felon” means an individual who: Is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or an attempt to commit a crime that, under the law of the place the individual is fleeing, is a felony; or Is in violation of a condition of probation or parole. “Information” means any part of a record, in any form. License. “License” means formal written permission required by law to: Perform an act or provide a service; and Be obtained from the Department. “License” includes terms used for similar forms including “registration”. “Local department” means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services. “Official custodian” means the executive head of the Department, administration, or local department in which a record is located. “Record” means the original or any copy of documentary material, in any form that, in the transaction of public business, is made by, received by, or received from: The State; Any county or city of the State; or Any subdivision or agency of the State, or a county or city. “Requestor” means a person requesting disclosure of or access to a record. “State” means the State of Maryland. Except as prohibited by federal or State law, including this chapter, a custodian shall grant the proper request of a person for access to any record of the Department if provisions are made for the protection of the identity of: The reporter of child abuse or neglect, or of abuse, neglect, self-neglect, or exploitation of a vulnerable adult; or Any other individual whose life or safety may be endangered by disclosing the information. Except as permitted by other law or regulation, a custodian shall deny a request for disclosure of any information or record concerning an applicant for service or customer under the following programs: Social Services; Family Investment; Purchase of Child Care; Community Services; Child Support Enforcement; and Medical Assistance. Disclosure of Information. Information described in §A of this regulation may be disclosed as follows: Under a court order; To a State, local government, or federal official or employee, for a purpose directly connected with the administration of the programs specified in §A of this regulation including, but not limited to: Verification of eligibility, and Audits or criminal investigation of these programs; To a volunteer or contractor of a State or federal agency for a purpose directly connected with the administration of a program listed in §A of this regulation if the volunteer or contractor has been informed of, and has executed a written agreement to abide by, State and federal confidentiality laws and regulations. Medical Assistance records and information may be disclosed only for a purpose directly connected with the administration of the program including assisting the Child Support Administration in locating absent parents. The custodian shall disclose the current address of a customer to a federal, State, or local law enforcement officer who: Can be properly identified as a law enforcement officer; Shows the custodian a signed warrant for the arrest of the customer which establishes that the customer is a fugitive felon; and Provides the name and Social Security number of the customer. With regard to a fugitive felon in a food stamp case, the custodian shall disclose the current address, the Social Security number, and, if available, a photograph of a food stamp household member to a federal, State, or local law enforcement officer who: Can be properly identified as a law enforcement officer engaged in official duties which include locating or arresting the food stamp household member; Demonstrates that the food stamp household member either: Is a fugitive felon, or Has information concerning a fugitive felon; and Provides the name of the food stamp household member. Notice of Record Disclosure. When §B of this regulation does not apply, and disclosure is permitted under State law or regulation, the Department shall: Notify an applicant or customer described in §A of this regulation, when possible, of the request for a record concerning the applicant or customer; and Obtain the applicant's or customer's consent to disclose the record. The Department: May require the requestor to obtain the applicant or customer's consent pursuant to Regulation .05 of this chapter; May not provide a requestor with any information regarding whether: Records exist for an individual, or An individual is an applicant or customer; and In an emergency, may disclose information without prior consent if the Department notifies the applicant or customer of the disclosure: Orally or in writing, and Within 2 working days of the disclosure. Food Stamps. Upon receipt of a written request from a responsible member of a household receiving food stamp assistance, the Department shall allow the individual to review the food stamp records for the household. Before review by the household member, the Department shall remove from the record: Names and identifying information of individuals who have disclosed information to the Department without the household's knowledge; and Information about any criminal prosecutions. Research. The Department may disclose: Identifying information to an individual engaged in a research project only if: An applicant or a customer who is the subject of a record to be disclosed has signed a written consent form for the disclosure, in accordance with Regulation .05 of this chapter, and The official custodian has given prior written permission for the research project; and Nonidentifying information for research purposes without the consent of the applicant or customer. An applicant or customer may consent to disclosure of specific information to a third party, if the requirements of this regulation are met. An applicant or customer identified in the record shall sign a written consent form, which includes the: Specific information to be disclosed; Person or agency requesting the information; Person or agency to receive the information; Purpose for the disclosure; Date of the request; Signature of the applicant or customer; and Date signed. The applicant or customer shall verify the applicant's or customer's identity to the custodian, either in person or by affidavit or notarized consent form. An applicant or customer who is 16 years old or older may sign the applicant's or customer's own consent form. If an applicant or customer is a child younger than 16 years old, the child's parent, guardian, or attorney may consent under this regulation to release of information from the child's records, if: The consenting individual is not alleged to have abused or neglected the child or any of the child's siblings; and Disclosure is in the child's best interest. A custodian of a record shall deny a request for disclosure: If the disclosure requested is contrary to any: State or federal statute or regulation, Maryland Rule of Procedure, or Court order; Of a personnel record including, but not limited to an employee's: Letters of reference, and Home address or telephone number; Of information concerning the security of an information system; Of a trade secret or confidential commercial information; and Subject to §B of this regulation, of information about the licensing of an individual. Licensing Records. Only the following information may be disclosed from a licensing record: A licensee's: Name, Business address, or, if the business address is not available, the home address, Business telephone number, Educational and occupational background, Professional qualifications; Findings and orders that result from formal disciplinary actions; Evidence that has been provided to the custodian to meet the requirements of a statute regarding financial responsibility; Other licensing information which the official custodian determines should be disclosed to fulfill a compelling public purpose; and Except for the identity of a reporter of any allegation of child abuse or neglect, or of abuse, neglect, self-neglect, exploitation of a vulnerable adult, information requested by a licensee who is the subject of the requested record. An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if: The official custodian believes that disclosure is contrary to: The public interest; In a child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and One of the following circumstances exists: A State or federal statute or regulation, a Maryland Rule of Procedure, or a court order gives the custodian discretion to deny disclosure, The official custodian determines, after consulting with counsel, that the record is subject to an attorney-client, attorney work-product, executive, or other privilege, The information requested consists of specific details of a research project conducted by a State agency, except that the name, title, expenditures, and availability date of the final project summary shall be disclosed upon request, or The record concerns a law enforcement investigation, or is an investigatory file compiled for a law enforcement, judicial, or prosecution purpose, to the extent permitted by State Government Article, §10-618, Annotated Code of Maryland. The following prevail over the confidentiality provisions of this chapter: Suspected child abuse or neglect, or abuse, neglect, self-neglect, or exploitation of a vulnerable adult, shall be reported in accordance with the provisions of Family Law Article, Annotated Code of Maryland; Suspected fraud in the administration of a Department program shall be reported as required by the regulations for that program; Any ongoing or imminent criminal conduct of an applicant or customer may be reported to appropriate law enforcement personnel. When the custodian of the record discloses confidential information to an individual other than an employee of the Department or a law enforcement agency in accordance with this chapter and COMAR 07.01.02, the custodian shall inform the individual to whom the disclosure is made of the obligation to keep the information confidential, in accordance with Article 88A, §6, Annotated Code of Maryland. A court may find a disclosure of confidential information in violation of this chapter to: Be a criminal offense punishable by a fine of not more than $500, or by 90 days imprisonment, or both; and Result in civil liability for damages. Materials sent or distributed to an applicant for service or customer, or to vendors of medical services provided to customers of public assistance, shall: Be directly connected to the administration of the respective program and have no political implications; and Contain the names only of individuals directly connected with the administration of the program, identified only in their official capacity with the Department. This regulation does not prohibit: The distribution of information as part of the administration of a program, including, but not limited to: Notice of the availability of free medical examinations, Notice of the availability of surplus food, or Consumer protection information; or Having on display, or otherwise making available in agency offices, materials containing public interest information, including voting materials. A local department shall have written policies establishing procedures for the: Maintenance of customer case files; and Removal and return of materials to customer case files. The Department shall safeguard information obtained from any State agency, or other state or federal agencies in accordance with the procedures, if any, established by that state or agency. Article 88A, §§5 and 6; State Government Article, §10-611 et seq.; Article 41, Title 6; Annotated Code of Maryland Effective date: March 11, 1985 (12:5 Md. R. 481) Regulations .01—.12, Access to Public Records, repealed effective October 28, 1991 (18:21 Md. R. 2306) Regulations .01—.12, Confidentiality of Records, adopted effective October 28, 1991 (18:21 Md. R. 2306) Regulation .04C, F amended effective May 24, 1993 (20:10 Md. R. 849) Regulation .05B amended effective May 24, 1993 (20:10 Md. R. 849) Chapter revised effective June 28, 1999 (26:13 Md. R. 1018) Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)