Oklahoma Administrative Code, Title 340

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Chapter 1 Function and Structure of the Oklahoma Department of Human Services

Subchapter 1 General Provisions

Okla. Admin. Code § 340:1-1-1 Purpose, legal basis, and Director of Human Services (Director)

(a) Purpose. This Subchapter describes the Oklahoma Human Services (OKDHS) organizational structure and function and includes the legal basis and other rules governing OKDHS operations.

(b) Legal basis. The Director's position and duties are authorized by and described in Section 162 of Title 56 of the Oklahoma Statutes. OKDHS responsibilities, and the Director's authority to ensure those responsibilities are carried out, is found in the Oklahoma Statutes.

(c) Director of Human Services. The Director serves, at the pleasure of the Governor with Senate confirmation, as Oklahoma Human Services (OKDHS) chief executive and administrative officer. The Director is responsible for the daily direction of the activities necessary for OKDHS to accomplish its mission.

(d) Organizational chart. OKDHS is organized as the Director deems appropriate to achieve the OKDHS mission. OKDHS Administrative Services provides organizational charts upon request.

History

• Amended at 16 Ok Reg 1006, eff 4-26-99 ; Amended at 21 Ok Reg 1337, eff 5-27-04 ; Amended at 30 Ok Reg 1329, eff 7-1-13
• Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Okla. Admin. Code § 340:1-1-20 Confidentiality

The Oklahoma Department of Human Services (OKDHS) complies with:

(1) all federal and state statutes, rules, and regulations regarding client confidentiality.

(A) Per Section 183 of Title 56 of the Oklahoma Statutes, information and records obtained by OKDHS concerning an applicant or recipient of OKDHS programs or services is confidential. This includes electronic data and records generated by OKDHS.

(i) OKDHS employees only examine applicant or recipient information in connection with the performance of their official duties.

(ii) OKDHS does not furnish or release information from client records for commercial or political purposes.

(B) All Child Welfare (CW) records and information are confidential pursuant to state and federal statutes and regulations. [10 O.S. § 7005-1.2 through 7005-1.4 and 7107; and 45 CFR Part 1340 ]

(C) All records, working papers, and reports related to an Adult Protective Services (APS) investigation are confidential under Section 10-110 of Title 43A of the Oklahoma Statutes.

(D) All files and records concerning the assistance or services provided under the Child Support Enforcement Program or concerning a putative father of a child born out of wedlock are confidential, except as otherwise authorized by law; [56 O.S. § 237]

(2) Sections 7213, 7213A, and 7431 of the Internal Revenue Code safeguarding federal tax information regarding an applicant or recipient;

(3) the Open Records Act to ensure and assist the public's right to access, review, and copy governmental records, except where specifically required by federal or state law, rule, and regulation to be kept confidential; [51 O.S. § 24A.1 through 24A.22] and

(4) Part 160 and Subparts A and E of Part 164 of Title 45 of the Code of Federal Regulations constituting the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, which provides protection for the privacy of health information.

History

• Added at 22 Ok Reg 761, eff 5-12-05

Okla. Admin. Code § 340:1-1-21 Copyrighted software and documents

(a) Oklahoma Department of Human Services (OKDHS) employees:

(1) sign Form 11AD133E, Employee Acknowledgment of Confidentiality of Computer Accessible Case Records and Computer and Internet Usage Restrictions;

(2) comply with the terms and conditions regarding the copyrights of all vendors with whom OKDHS enters into software license agreements or from whom OKDHS purchases software; and

(3) may not reproduce software or its related documentation unless authorized by the software developer.

(b) OKDHS employees adhere to copyright laws. Copyrighted documents are not reproduced without written permission from the copyright source.

History

• Added at 22 Ok Reg 761, eff 5-12-05; Amended at 24 Ok Reg 975, eff 5-11-07