PRINTER'S NO. 1697
No. 1443 Session of 1975
INTRODUCED BY BARBER, RICHARDSON, VANN AND OLIVER, JUNE 11, 1975
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 12, 1975
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further regulating the
4 availability of information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 404, act of June 13, 1967 (P.L.31,
8 No.21), known as the "Public Welfare Code," amended July 31,
9 1968 (P.L.904, No.273), is amended to read:
10 Section 404. Regulations for Protection of Information.--(a)
11 The department shall have the power to make and enforce
12 regulations:
13 (1) To protect the names of applicants for and recipients of
14 public assistance from improper publication, and to restrict the
15 use of information furnished to other agencies or persons to
16 purposes connected with the administration of public assistance.
17 [Upon request by any adult resident of the Commonwealth, the
18 department may furnish the address and amount of assistance with
19 respect to persons about whom inquiry is made; but, information
1 so obtained shall not be used for commercial or political
2 purposes; and, no information shall be furnished regarding any
3 person's application for, or receipt of, medical assistance.] At
4 the request of the applicant for or recipient of assistance, the
5 department shall provide verification of the applicant's or
6 recipient's address and the amount of his assistance.
7 (2) To protect the rights and interests of persons about
8 whom personal or confidential information is in its possession.
9 (b) The regulations shall not prevent or interfere with
10 investigations by proper authorities as to the rights of persons
11 to receive assistance or as to the amounts of assistance
12 received.
13 (c) Except as provided in subsection (d), recipients or
14 their representative shall have the right of access to,
15 including the right to copy by duplication or otherwise all
16 information contained in any department files maintained on or
17 about the applicant or recipient and to a full explanation as to
18 the existence of, purpose of and use for the information
19 contained in said files.
20 (d) The regulations shall provide that medical records on or
21 about the applicant or recipient of assistance, which are
22 certified by a physician as containing information which, if
23 disclosed, would be injurious to the applicant or recipient,
24 shall not be subject to the requirements of subsection (c). The
25 applicant or recipient shall be given access to all medical
26 records where it is necessary to use this information in order
27 to establish eligibility for assistance.
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