760 CMR 57.00 — Data sharing to verify income for rental assistance

760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 760 CMR 57.00:DATA SHARING TO VERIFY INCOME FOR RENTAL ASSISTANCE PROGRAMS Section 57.01: Purpose 57.02: Scope and Applicability 57.03: Eligibility 57.04: Requirement for MassHealth and DTA to Disclose Eligibility Information 57.05: Requirement for DOR and DUA to Disclose Eligibility Information to DHCD 57.06: Eligibility Information 57.07: Privacy, Confidentiality, and Safeguards 57.08: Guidance 57.09: Severability

760 CMR 57.00 Data sharing to verify income for rental assistance

57.01 Purpose

57.01: Purpose The purpose of 760 CMR 57.00 is to implement legal authority for the Department of Housing and Community Development (DHCD) and its contracted regional administering agencies to obtain personal information from other state agencies that will expedite the processing of applications for the Residential Assistance for Families in Transition (RAFT) program or other similar rental assistance programs.

57.02 Scope and Applicability

57.02: Scope and Applicability Notwithstanding anything in 760 CMR 57.00 to the contrary, 760 CMR 57.00 applies to all persons who have applied or intend to apply for RAFT or similar rental assistance program benefits.

57.03 Eligibility

57.03: Eligibility RAFT or ERAP or similar rental assistance program applicants who are enrolled in MassHealth and/or Department of Transitional Assistance (DTA) administered programs determined by DHCD to have comparable income thresholds to RAFT, ERAP or similar rental assistance programs will be presumed income eligible for RAFT, ERAP or similar rental assistance programs.

57.04 Requirement for MassHealth and DTA to Disclose Eligibility Information

57.04: Requirement for MassHealth and DTA to Disclose Eligibility Information Upon the request of DHCD, and to the extent the use or disclosure is consistent with applicable federal or state law or regulation, MassHealth and DTA may disclose Eligibility Information, including personal data, as defined in M.G.L. c. 66A, § 1, protected health information defined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 45 CFR 160 and 164, and any other personal information as necessary for DHCD and its contracted regional administering agencies to espeditiously process RAFT or similar rental assistance program applications.

57.05 Requirement for DOR and DUA to Disclose Eligibility Information to DHCD

57.05: Requirement for DOR and DUA to Disclose Eligibility Information to DHCD Upon the request of DHCD, and to the extent the use or disclosure is consistent with applicable federal or state law or regulation, Department of Revenue (DOR) and Department of Unemployment Assistance (DUA) may disclose Eligibility Information, including personal data, as defined in M.G.L. c. 66A, § 1, eligibility, income, wage, and other personal information, as necessary, for DHCD and its contracted regional administering agencies to expeditiously process RAFT or similar rental assistance program applications. 5/12/23760 CMR - 530.23 (Mass. Register #1495, 5/12/2023)

760 CMR: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

57.06 Eligibility Information

57.06: Eligibility Information For the purposes of 760 CMR 57.00, Eligibility Information shall consist of the following: (a)For information owned by MassHealth, it shall consist of eligibility status for MassHealth programs, coverage, plan, or benefit type. (b) For information owned by DTA, it shall consist of eligibility status for DTA programs, benefit type, and household income. (c) For information owned by DUA, it shall consist of unemployment insurance benefit payment information. (d) For information owned by DOR, it shall consist of wage reporting match to verify wages and financial eligibility. As directed by DHCD, Eligibility Information may be disclosed to DHCD or to its contracted administering agencies to expeditiously process RAFT or similar rental assistance program applications.

57.07 Privacy, Confidentiality, and Safeguards

57.07: Privacy, Confidentiality, and Safeguards Information received by DHCD and its contracted administering agencies from MassHealth, DOR, DUA and DTA shall be kept private, confidential, and safeguarded at all times and in accordance with applicable law. DHCD and its contracted agencies will comply with all state and federal laws concerning the confidentiality of information, including M.G.L. c. 66A; M.G.L. c. 93H; 801 CMR 3.00: Privacy and Confidentiality; and 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth.

57.08 Guidance

57.08: Guidance Further guidance on administration of the RAFT program is provided in the RAFT Administrative Plan.

57.09 Severability

57.09: Severability The provisions of 760 CMR 57.00 are severable. If any provisions of 760 CMR 57.00 or the applications of such provisions to any person or circumstance are held invalid or unconstitutional, the other provisions of 760 CMR 57.00, or the application of such provisions to any person or circumstance other than that as to which it is held invalid or unconstitutional, will not be affected thereby. REGULATORY AUTHORITY 760 CMR 57.00: M.G.L. c. 23B, §§ 3 and 6; St. 2022, c. 126, § 2, Line Item 7004-9316. 5/12/23760 CMR - 530.24