Never Proceed Without a Signed Privacy Release Form And other Helpful Tips

By the time a constituent reaches out to their congressional office for help on a particular issue, it is often as a last resort. In addition to making a connection with a constituent in their time-sensitive moment of need, caseworkers must be diligent with their process for case intake, management, and communication.

One of (if not the) most important steps is for a caseworker to have the constituent sign a Privacy Release Form. Regardless of how dire a situation may be, or how dedicated a caseworker is in supporting a constituent, without a signed privacy release form, a caseworker's actions will be for naught. Agencies will not interact with a caseworker or be able to help without the consent of the constituent.

You will learn the following in this article:

First - The Privacy Act

"Under the Privacy Act, each executive branch agency that maintains records containing an individual's personally identifiable information must have a release from that individual to share information with any other entity. In general, agencies cannot reply to a congressional inquiry without a Privacy Act release signed by the constituent requesting assistance. Most agencies will accept any signed document from a constituent stating that the constituent grants a Member of Congress access to any record held by an agency that will help resolve the constituent's inquiry." - Casework in a Congressional Office: Background, Rules, Laws, and Resources

Second - The Deal with Constituent Correspondence

Constituent correspondence sent to a Member's office does not fall under the protections provided by the Privacy Act or any other statute safeguarding personally identifiable records. Though it isn't protected in the same way, most offices assume privacy as an important safeguard for constituent's safety and trust, and so treat casework materials as sensitive documents.

Some casework correspondence office policies could include the following:

  • Safeguarding casework correspondence and documentation in the office's physical and electronic files
  • Securing electronic files through password protection and automatic backup procedures;
  • Limiting access to casework correspondence files, including working drafts of correspondence, to office personnel

Third - The Basics on HIPAA

There are a variety of cases which may require a caseworker to understand the perameters and requirements of HIPAA. Rules promulgated under HIPAA31 give patients the right of access to their medical information and prohibit health plans and health-care providers from using or disclosing identifiable information to most individuals or entities without a patient's written authorization.

Some examples of constituent inquiries that might involve medical information include claims for benefits under the following programs:

  • Social Security Disability Veterans' programs
  • Medicare
  • Disaster relief
  • Medical services to military members injured on active duty, or to military members, their dependents, and retirees through TRICARE
  • Workmens' compensation
  • Immigration

HIPAA rules also require health plans and providers to give individuals the opportunity to object to the disclosure. It is important to know that procedures for securing patient consent to release information or to provide information to third parties may vary from agency to agency. If in doubt, research similar cases and ensure whether a particular case falls under HIPAA regulation.

Fourth - A Few Final Tips

Though many constituents come to their congressional office to ask for legitimate help with an agency issue, there are plenty of inquiries that are not serious or require a caseworker to step in. Asking constituents to sign a Privacy Release Form is a professional way a caseworker can ensure a constituent is serious about their problem and willing to provide the necessary information to pursue a solution.

It is important to note that in addition to the required Privacy Release Form, some agencies also issue their own forms and might prefer to have those form additionally filed when a congressional office initiates a case inquiry. For example, the Internal Revenue Service (IRS) typically requests that congressional caseworkers ask constituents to return a signed copy of IRS form 8821, Tax Information Authorization.

Much like with HIPAA, if a caseworker is unsure, they should do some research or connect with more senior caseworkers to discover if additional documents are required. If you are managing the casework operation for your congressional office, additional agency form requirements is excellent information to include in your Casework Manual.

Example of Privacy Release Form: