Release to Client or Authorized Representative (AR)

For purposes of this section, an authorized representative (AR) is a person or group who has authorization from the applicant/recipient to act on his/her behalf.

Prior to releasing any case information, the client or AR must be properly identified. Acceptable items to identify the client or AR may include but are not limited to such items as identification card, case number, driver’s license number, social security account numbers or the mother’s maiden name.

Authorized Representative Authorizations

Except as otherwise provided, all authorizations to provide information to an authorized representative (AR) are to be provided by the client in writing. Written authorizations shall be dated and shall expire one year from the date on which they are given unless they are expressly limited to a shorter period or revoked. In cases involving pending appeals or state hearings, the time period, unless the authorization is expressly limited or revoked, shall extend to the final disposition of the issue involved in the fair hearing or, where applicable, by the courts.

When the AR and the client or responsible relative caring for the CalWORKs child are both present, written authorization is required for that particular occasion.

Information Supplied By the Client

Information relating to eligibility that was provided solely by the client contained in applications and other records made or kept by the Social Services Agency in connection with the administration of the public assistance program shall be open to inspection by the client or his/her AR.

Telephone and Email Inquiries

Information provided by the client may also be released to the client and their AR by telephone and email when they have been properly identified.[See Telephone Authorizations below for acceptable items that may be used to identify a client or AR.] In instances where the client has previously provided us with their email address, this is sufficient verification that the request for information is coming from the client.

Reminder: Any email correspondence containing PII must be sent as Secure email.

Information that was NOT provided by the client, such as CIN, absent parent’s whereabouts etc.,shall not be disclosed.

When the AR and the client, or responsible relative caring for the CalWORKs child are both present, no written authorization is required for that particular occasion.

Certain types of phone calls, such as requests for general information on programs and first time applicants, should not require authentication initially. However, other call types, including application status, status of assistance, and scheduling of appointments, require initial authentication to ensure that the caller’s identity is properly validated and that he or she is permitted to receive the information requested.

Authentication is needed for clients calling the Agency and also for staff members calling the client to ensure that confidentiality is protected.

Generally, the confirmation of the client’s name and the following two to three pieces of PII should validate the identity of the caller and permit the worker to proceed with the call:

last four digits of the Social Security Number (if available),
date of birth,
address,
and/or case number.

Telephone Authorizations

Telephone Authorizations may be accepted in lieu of a written authorization where circumstances ensure that the applicant or recipient has adequately identified him/herself to the county. A telephone authorization is temporary and should be followed up by a written authorization and documented in the Maintain Case Comments subsystem.

Acceptable items to identify the applicant or recipient by phone may include but are not limited to such items as case numbers, driver’s license numbers, social security account numbers or the mother’s maiden name.

The procedure for telephone authorizations will usually involve the client first calling their EW and notifying them of whom will be calling on his/her behalf. This call will authorize the release of confidential information. Examples of typical circumstances for releasing confidential information by telephone authorization include inquires from medical offices, welfare rights organizations or legislators calling on behalf of the recipients.

Applicant/Recipient Written Requests for Assistance to Legislators

Written inquiries to members of legislative bodies signed by applicants or recipients of public social services concerning the receipt of public social services may serve as authorization for release of information sufficient to answer such an inquiry.

Release of Information in Conjunction With a State Hearing

The client or his/her attorney or AR may inspect the case records including the entire case narrative relating to the client.

Information which may NOT be Released to the Client or Authorized Representative

Portions of the client’s record which would qualify as privileged communications as defined by Evidence Code. This would include Sections 954 (lawyer-client) and 1041 (identity of informer).

Note: The physician-patient privilege in Evidence Code Section 990 belongs to the patient and may be waived by him/her. The right of the patient to inspect his/her records is confined to record maintained by the CWD and does not extend to the records kept by the physician.

[Refer to “Privileged and Confidential Information [EAS 19-006],” page 42-2]