39-709b. Information concerning applicants for and recipients of assistance; confidentiality, exceptions; public list of certain recipients, public record, where available; unlawful acts, penalties.
39-709b
39-709b. Information concerning applicants for and recipients ofassistance; confidentiality, exceptions; public list of certainrecipients, public record, where available; unlawful acts, penalties.(a) Information concerning applicants for and recipients of assistance fromthe secretary shall be confidential and privileged and shall only beavailable to the secretary and the officers and employees of the secretaryexcept as set forth in this section. Unless otherwise prohibited by law,such information shall be disclosed to an applicant, recipient oroutside source under the following conditions:
(1) Information shall be disclosed to the post auditor in accordancewith and subject to the provisions of subsection (g) of K.S.A. 46-1106and amendments thereto;
(2) information shall be disclosed to an applicant or recipient inaccordance with and subject to rules and regulations adopted by thesecretary; and
(3) information may be disclosed to an outside source if suchdisclosure:
(A) Has been consented to in writing by the applicant or recipient andthe applicant or recipient has been granted access by the secretary to theinformation to be disclosed, except that in an emergency information may bedisclosed without a written consent if such disclosure is deemed by thesecretary to be in the best interests of the applicant or recipient;
(B) is directly connected to the administration of the secretary's program;
(C) is directly connected to an investigation, prosecution, or criminalor civil proceeding conducted in connection with the administration of thesecretary's program;
(D) is authorized by a state plan developed by the secretary pursuant tothe federal social security act or any other federal program providingfederal financial assistance and services in the field of social welfare;
(E) concerns the intent of an applicant or recipient to commit a crimeand in this case such information and the information necessary to preventthe crime shall be disclosed to the appropriate authorities; or
(F) concerns information contained in the public list under subsection(c) of this section.
(b) Nothing in this section shall be construed to prohibit thepublication of statistics which are so classified as to prevent theidentification of specific applicants or recipients.
(c) The secretary shall maintain a public list which shall contain thenames and addresses of all recipients receiving general assistance benefitspursuant to this act orany act contained in article 7 of chapter 39 of the Kansas StatutesAnnotated, and amendments thereto, together with the payment issued to eachduring the preceding month, except that the names and addresses of childrenin foster care who are receiving such benefits shall be excluded from suchpublic list. On or before the 28th day of each month the secretaryshall prepare andretain in the office of the secretary one copy ofthe public list. The public list retained in the office of the secretaryshall be bound in record books provided for that purpose. All such recordbooks and all reports contained in the record books shallbe public records and shall beopen to public inspection at all times during regular office hours.In addition, there shall be on file in each area or subareaoffice a copy of that portion of the public list which contains the generalassistance recipients in that area and also on filein the office of each county clerk a copy of that portion of the publiclist which contains the general assistance recipients in that county.
(d) It shall be unlawful for any person, association, firm, corporationor other agency to disclose, to make use of or to authorize, knowinglypermit, participate in or acquiesce in the use of any lists or names oraddresses contained in the public list under subsection (c) of this sectionfor commercial or political purposes of any nature or to make use of ordisclose confidential information except as provided in this section. Anyperson, association, firm, corporation or other agency whowillfully or knowingly violates any provisions of thissection shall be guilty of a class B misdemeanor.
History: L. 1978, ch. 159, § 4;L. 1985, ch. 153, § 1; July 1.