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List of Confidentiality Statutes Governing Records of the Department of Human Services

Adult and Family Services:

  • Adult Protective Services: T.C.A. 71-6-118; T.C.A. § 71-6-103(j)(5); T.C.A. 71-6-103(j)2.
  • Child Care Licensing: DCS Child Protective Services Records Contained in DHS Child Care Licensing Records:
    Generally the licensing records of child care agencies are public, however, T.C.A. §§ 37-1-409 and 37-1-612 make confidential the records of the Department of Children's Services' child abuse investigations which may be provided to DHS by DCS as part of DHS' decisions regarding licenses for child care agencies.
  • Child and Adult Care Food Program: 7 C.F.R. §226.1 et. seq., 7 C.F.R. §226.23(i).
  • Families First: T.C.A. §§ 71-1-117-118; 71-3-119; 45 CFR 205.50; DHS Rule 1240-01-13-.01(5).
  • Food Stamp Program:
    Food Stamps: T.C.A. § 71-5-304(5); 7 U.S.C.A. § 2020(e)(7) and 7 C.F.R. § 272.1(c)(1)(i); DHS Rule 1240-01-13-.01(5), DHS Rule 1240-01-13-.01(5).
  • Summer Food Program: 7 C.F.R. § 225.1, See 7 C.F.R. §225.15(g), 7 C.F.R. §1.119
  • TennCare/Medicaid: T.C.A. §§ 10-7-503(a)(1); § 10-7-504(a)(9)(C); 71-5-105(a)(7); 42 CFR 431.300-307; Health Insurance Portability and Accountability Act (HIPAA)-45 CFR 164.510 and 512 which protects the privacy of personal health information of medical information, DHS Rule 1240-01-13-.01(5).

Child Support Services:

  • Child Support: T.C.A. § 71-1-131; 26 USCA § 6013 (Internal Revenue Code) and, in addition, also see IRS Publication 1075 relative to records management for IRS records furnished to State and Local Agencies for child support enforcement at www.irs.gov/pub/irs-pdf/p1075.pdf; 42 USCA § 653 (Parent Locator Information) and 654(26); 45 CFR 307.13

Rehabilitation Services:

  • Vocational Rehabilitation Services: T.C.A. § 49-11-613, T.C.A. § 71-4-611 and 34 C.F.R. § 361.49
  • Blind Services: T.C.A. §§71-4-115, 71-4-611.
  • Disability Determination Services: 20 C.F.R § 401.100, Social Security Privacy Act 5 U.S.C.A. § 552a, (Privacy Act); 26 U.S.C. § 6103 (Internal Revenue Code)42 U.S.C. § 1306(a) (Section 1106(a) of the Social Security Act), 20 C.F.R. Part 401 (Regulation No. 1) T.C.A. §10-7-504(a)(9)(C),

Appeals and Hearings:

  • HIPAA privacy rule 45 Code of Federal Regulations 164.510, 164.512 governing containing personal health information that is part of the applicant's appeal record. In addition, all records listed here that are confidential are also confidential in Appeals and Hearings records.

Others:

Other laws, statutes, and regulations making records held by the Department of Human Services confidential:

  • Voter Registration pursuant to Motor Voter laws: 42 USCS § 1973gg-3(c)2(C)(ii) makes the applicant's refusal to register to vote and the declination form the applicant signs to confirm that confidential.
  • Telecommunication Relay Services: 47 U.S.C. 605, 47 C.F.R. § 64.604(a)(1)(ii) prohibits revealing the content of a relayed conversation for hearing impaired even if to do so would be inconsistent with state or local law.
  • HIPAA Privacy Rule: 45 Code of Federal Regulations 164.510, 45 CFR 164.512
  • Mental Health Records: T.C.A. § 33-3-103 for records received by the Department in the course of vocational, disability, TennCare/Medicaid and Adult Protective Services cases..
  • Family Medical Leave Act: 29 C.F.R. § 825.500