208.120. Records, when evidence, restrictions on disclosure--penalty. - Missouri Statutes

Records, when evidence, restrictions on disclosure--penalty.

208.120. 1. For the protection of applicants andrecipients, all officers and employees of the state of Missouriare prohibited, except as hereinafter provided, from disclosingany information obtained by them in the discharge of theirofficial duties relative to the identity of applicants for orrecipients of benefits or the contents of any records, files,papers, and communications, except in proceedings orinvestigations where the eligibility of an applicant to receivebenefits, or the amount received or to be received by anyrecipient, is called into question, or for the purposes directlyconnected with the administration of public assistance. In anyjudicial proceedings, except such proceedings as are directlyconcerned with the administration of these programs, suchinformation obtained in the discharge of official duties relativeto the identity of applicants for or recipients of benefits, andrecords, files, papers, communications and their contents shallbe confidential and not admissible in evidence.

2. The division of family services shall in each countywelfare office maintain monthly a report showing the name andaddress of all recipients certified by such county welfare officeto receive public assistance benefits, together with the amountpaid to each recipient during the preceding month, and each suchreport and information contained therein shall be open to publicinspection at all times during the regular office hours of thecounty welfare office; provided, however, that all informationregarding applicants or recipients other than names, addressesand amounts of grants shall be considered as confidential.

3. It shall be unlawful for any person, association, firm,corporation or other agency to solicit, disclose, receive, makeuse of or authorize, knowingly permit, participate in oracquiesce in the use of any name or lists of names for commercialor political purposes of any nature; or for any name or list ofnames of recipients secured from such report in the countywelfare office to be published in any manner. Anyone willfullyor knowingly violating any provisions of this section shall beguilty of a misdemeanor. If the violation is by other than anindividual, the penalty may be adjudged against any officer,agent, employee, servant or other person of the association,firm, corporation or other agency who committed or participatedin such violation and is found guilty thereof.

(L. 1941 p. 646 § 9414a, A.L. 1951 p. 754, A.L. 1953 p. 636, A.L. 1973 S.B. 325)

Effective 1-1-74

(2000) Confidentiality provision does not preclude introduction of Department of Social Services records in probate proceeding to recover Medicaid expenditures from decedent's estate. Estate of West v. Moffatt, 32 S.W.3d 648 (Mo.App.W.D.).