Unemployment Insurance - Confidentiality of Information

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0242*

HOUSE BILL 242
K2 6lr0112
(PRE–FILED) CF SB 216
By: Chair, Economic Matters Committee (By Request – Departmental – Labor)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: February 15, 2026

CHAPTER ______

AN ACT concerning 1

Unemployment Insurance – Confidentiality of Information 2

FOR the purpose of altering requirements related to the confidentiality of unemployment 3
insurance information to ensure compliance with federal law and regulations; 4
altering existing confidentiality provisions related to inspection of employ ment 5
records as well as claim information by agents of child support enforcement units; 6
establishing exceptions to the confidentiality requirement in accordance with federal 7
law and regulations; establishing penalties for the unauthorized disclosure of 8
confidential unemployment insurance information by recipients and current and 9
former employees of the Maryland Department of Labor; and generally relating to 10
unemployment insurance information. 11

BY repealing and reenacting, with amendments, 12
Article – Labor and Employment 13
Section 8–101, 8–110, and 8–1305(c) 14
Annotated Code of Maryland 15
(2025 Replacement Volume) 16

BY adding to 17
Article – Labor and Employment 18
Section 8–111 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21

2 HOUSE BILL 242

BY repealing 1
Article – Labor and Employment 2
Section 8–625(d) and 8–811 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7

Article – Labor and Employment 8

8–101. 9

(a) In this title the following words have the meanings indicated. 10

(b) “Base period” means: 11

(1) the first 4 of the last 5 completed calendar quarters immediately 12
preceding the start of the benefit year; or 13

(2) the 4 most recently completed calendar quarters immediately preceding 14
the start of the benefit year only if the individual applying for benefits does not qualify for 15
any benefits under § 8–802 of this title using the definition in item (1) of this subsection. 16

(c) “Base period employe r” means an employing unit who paid wages to an 17
individual during the base period of the individual for covered employment. 18

(d) “Benefit year” means a 1–year period that begins: 19

(1) on the 1st day of the 1st week for which an individual first files a claim 20
for benefits; or 21

(2) if an individual already has had a benefit year, on the 1st day of the 1st 22
week for which the individual files a claim for benefits after the termination of the 23
preceding benefit year. 24

(e) “Benefits” means the money that is payable under this title to an individual 25
who is unemployed. 26

(f) “Board of Appeals” means the Board of Appeals of the Maryland Department 27
of Labor established under § 8–5A–01 of this title. 28

(g) “Calendar quarter” means the period of 3 consecutive calendar months ending 29
on March 31, June 30, September 30, or December 31, except as otherwise provided by the 30
Secretary by regulation. 31

(h) “Child support” means an obligation that is enforced under a plan that: 32
HOUSE BILL 242 3

(1) is described in § 454 of the Social Security Act; and 1

(2) has been approved by the United States Secretary of Health and 2
Human Services under Part D of Title IV of the Social Security Act. 3

(i) “Child support enforcement unit” means a unit of a state or political 4
subdivision of a state that operates under a plan that: 5

(1) is described in § 454 of the Social Security Act; and 6

(2) has been approved by the United States Secretary of Health and 7
Human Services under Part D of Title IV of the Social Security Act. 8

(I–1) (1) “CLAIM INFORMATION” MEANS INFORMATION ABOUT: 9

(I) WHETHER AN INDIVIDUAL IS RECEIVING, HAS RECEIVED, OR 10
HAS APPLIED FOR UNEMPLOYMENT INSURANCE; 11

(II) THE AMOUNT OF COMPEN SATION THE INDIVIDUA L IS 12
RECEIVING OR IS ENTITLED TO RECEIVE; AND 13

(III) THE INDIVIDUAL ’S CURRE NT OR LAST KNOWN HOM E 14
ADDRESS. 15

(2) FOR PURPOSES OF THE D ISCLOSURE OF INFORMA TION TO A 16
REQUESTING AGENCY RE LATED TO AN INCOME A ND ELIGIBILITY VERIF ICATION 17
SYSTEM DESCRIBED IN 20 C.F.R. PART 603, “CLAIM INFORMATION” INCLUDES: 18

(I) WHETHER THE INDIVIDUAL HAS REFUS ED AN OFFER OF 19
WORK AND, IF SO, A DESCRIPTION OF THE JOB OFFERED INCLUDIN G THE TERMS , 20
CONDITIONS, AND RATE OF PAY; AND 21

(II) ANY OTHER INFORMATION CONTAINED IN THE RECORDS OF 22
THE DEPARTMENT THAT IS NE EDED BY THE REQUESTI NG AGENCY TO VERIFY 23
ELIGIBILITY FOR, AND THE AMOUNT OF, BENEFITS. 24

(j) “Claimant” means an individual who submits a claim for benefits. 25

(j–1) “Claims examiner” means an individual appointed by the Secretary who 26
makes determinations or redeterminations of claims under Subtitle 8 of this title. 27

(J–2) (1) “CONFIDENTIAL UNEMPLOY MENT INSURANCE INFOR MATION” 28
MEANS ANY UNEMPLOYME NT INSURANCE INFORMA TION IN THE RECORDS OF THE 29
DEPARTMENT THAT: 30
4 HOUSE BILL 242

(I) REVEALS THE NAME OF OR OTHER IDENTIFYING 1
INFORMATION ABOUT AN INDIVIDUAL; 2

(II) REVEALS THE NAME OF OR OTHER IDENTIFYING 3
INFORMATION ABOUT A PAST OR PRESENT EMPLOYER OR EMPLOYING UNIT; OR 4

(III) COULD FORESEEABLY BE COMBINED WITH OTHER 5
PUBLICLY AVAILABLE I NFORMATION TO REVEAL IDENTIFYING INFORMAT ION 6
ABOUT AN INDIVIDUAL, EMPLOYER, OR EMPLOYING UNIT. 7

(2) “CONFIDENTIAL UNEMPLOY MENT INSURANCE INFOR MATION” 8
INCLUDES: 9

(I) CLAIM INFORMATION; AND 10

(II) WAGE INFORMATION. 11

(k) “Contributions” means money required to be paid to the Unemployment 12
Insurance Fund under § 8–607 of this title. 13

(l) “Covered employment” means work that an individual performs for an 14
employing unit that is the basis for benefits. 15

(m) “Department” means the Maryland Department of Labor. 16

(m–1) “Determination” means a decision made by or on behalf of the Secretary under 17
this title. 18

(n) (1) “Educational institution” means an institution that offers participants, 19
students, or trainees an organized course of study or training that is academic, technical, 20
trade–oriented, or preparatory for gainful employment in a recognized occupation. 21

(2) “Educational institution” includes an institution of higher education. 22

(o) “Employer” means a person or governmental entity who employs at least 1 23
individual within the State. 24

(p) “Employing unit” means: 25

(1) an employer that has at least 1 employee engaged in covered 26
employment for at least part of a day; 27

(2) an employer that has elected to become subject to this title under § 28
8–203 of this title; or 29

HOUSE BILL 242 5

(3) an employer that is not otherwise subject to this title but that: 1

(i) within the current or preceding calendar year, is liable for any 2
federal tax against which credit may be taken for contributions required to be paid into a 3
State unemployment fund; or 4

(ii) as a condition for approval for full credit of contributions against 5
the tax imposed by the Federal Unemployment Tax Act, is required by that Act to be an 6
employing unit. 7

(q) “Governmental entity” means: 8

(1) a governmental unit as defined in § 1–101 of this article; or 9

(2) an instrumentality of: 10

(i) 1 or more states; 11

(ii) 1 or more political subdivisions of a state; or 12

(iii) 1 or more states and political subdivisions of states. 13

(q–1) “Hearing examiner” means an individual appointed under § 8–502 of this title 14
who is authorized to conduct hearings and issue decisions in cases appealed to the Lower 15
Appeals Division. 16

(r) “Hospital” has the meaning stated in § 19–301 of the Health – General Article. 17

(s) (1) “Institution of higher education” means an educational institution that: 18

(i) is a public or other nonprofit institution; 19

(ii) is authorized to provide in the State a program of education 20
beyond high school; and 21

(iii) admits as regular students only individuals with a certificate of 22
graduation from high school or a recognized equivalent certificate for: 23

1. training preparatory for employment in a recognized 24
occupation; 25

2. work for credit toward a bachelor’s degree; or 26

3. postgraduate or postdoctoral study. 27

(2) “Institution of higher education” includes each college and university in 28
the State. 29
6 HOUSE BILL 242

(t) “Knowingly” means, except as otherwise provided in this title, having actual 1
knowledge, deliberate ignorance, or reckless disregard for the truth. 2

(t–1) “Last known address” includes a physical address or an electronic address. 3

(u) “Lower Appeals Division” means the Lower Appeals Division of the Maryland 4
Department of Labor. 5

(u–1) “Mailed or otherwise delivered” means to cause to be delivered by electronic 6
transmission or physical mailing. 7

(v) “Nonprofit organization” means an organization that is: 8

(1) described in § 501(c)(3) of the Internal Revenue Code; and 9

(2) exempt from income tax under § 501(a) of the Internal Revenue Code. 10

(w) “Part–time worker” means an individual: 11

(1) whose availability for work is restricted to part–time work; and 12

(2) who worked at least 20 hours per week in part–time work for a majority 13
of the weeks of work in the base period. 14

(W–1) (1) “PERFORMANCE OF OFFICIAL DUTIES” MEANS: 15

(I) THE ADMINISTRATION O R ENFORCEMENT OF LAW , 16
INCLUDING RESEARCH R ELATED TO THE LAW AD MINISTERED BY A PUBL IC 17
OFFICIAL; OR 18

(II) THE EXECUTION OF THE OFFICIAL RESPONSIBILITIES OF A 19
FEDERAL, STATE, OR LOCAL ELECTED OFFICIAL. 20

(2) WITH RESPECT TO A PUB LIC OFFICIAL DESCRIBED U NDER 21
SUBSECTION (W–3)(2), (3), (4), OR (5) OF THIS SECTION , “PERFORMANCE OF 22
OFFICIAL DUTIES ” INCLUDES, IN ADDITION TO THE A CTIVITIES SET OUT IN 23
PARAGRAPH (1) OF THIS SUBSECTION, THE USE OF CONFIDENTIAL UNEMPLOYMENT 24
INSURANCE INFORMATION FOR THE FOLLOWING LIMITED PURPOSES: 25

(I) STATE AND LOCAL PERFO RMANCE ACCOUNTABILIT Y 26
UNDER THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT, 27
INCLUDING ELIGIBLE T RAINING PROVIDER PER FORMANCE ACCOUNTABIL ITY 28
UNDER §§ 116(D) AND 122; 29

HOUSE BILL 242 7

(II) TO MEET THE REQUIREMENTS OF DISCRETIONARY 1
FEDERAL GRANTS AWARDED UNDER THE FEDERAL WORKFORCE INNOVATION AND 2
OPPORTUNITY ACT; OR 3

(III) AS OTHERWISE REQUIRED FOR EDUCATION OR WORKFORCE 4
TRAINING PROGRAM PER FORMANCE ACCOUNTABIL ITY AND REPORTING UN DER 5
FEDERAL OR STATE LAW. 6

(3) FOR PURPOSES OF PARAG RAPH (1)(II) OF THIS SUBSECTION , 7
“PERFORMANCE OF OFFIC IAL DUTIES” DOES NOT INCLUDE THE SOLICITATION OF 8
CONTRIBUTIONS OR EXPENDITURES TO OR ON BEHALF OF A CANDIDATE FOR PUBLIC 9
OR POLITICAL OFFICE OR A POLITICAL PARTY. 10

(W–2) “PUBLIC DOMAIN INFORMATION” MEANS: 11

(1) INFORMATION ABOUT THE ORGANIZATION OF THE DEPARTMENT, 12
INCLUDING THE LOWER APPEALS DIVISION AND THE BOARD OF APPEALS; 13

(2) INFORMATION ABOUT AP PLICABLE FEDERAL AND STATE LAWS , 14
RULES, REGULATIONS, AND INTERP RETATIONS OF THE LAW S, RULES, AND 15
REGULATIONS, INCLUDING STATEMENTS OF GENERAL POLICY AN D 16
INTERPRETATIONS OF GENERAL APPLICABILITY; AND 17

(3) AN AGREEMENT OF ANY KIND OR NATURE , INCLUDING 18
INTERSTATE ARRANGEMENTS, RECIPROCAL AGREEMENTS, AND ANY AGREEMENT 19
WITH THE U.S. DEPARTMENT OF LABOR OR THE SECRETARY, RELATING TO THE 20
ADMINISTRATION OF THE UNEMPLOYMENT INSURANCE PROGRAM. 21

(W–3) “PUBLIC OFFICIAL” MEANS: 22

(1) AN OFFICIAL , AN AGENCY , OR A PUBLIC ENTITY W ITHIN THE 23
EXECUTIVE BRANCH OF FEDERAL, STATE, OR LO CAL GOVERNMENT THAT HAS 24
RESPONSIBILITY FOR A DMINISTERING OR ENFO RCING A LAW , OR AN ELECTED 25
OFFICIAL IN THE FEDERAL, STATE, OR LOCAL GOVERNMENT; 26

(2) PUBLIC POSTSECONDARY EDUCATIONAL INSTITUT IONS 27
ESTABLISHED AND GOVERNED UNDER THE LAWS OF THE STATE, INCLUDING: 28

(I) INSTITUTIONS THAT ARE PART OF THE EXECUTIVE BRANCH 29
OF STATE GOVERNMENT; 30

8 HOUSE BILL 242

(II) INSTITUTIONS THAT ARE INDEPENDENT OF THE EXECUTIVE 1
BRANCH OF STATE GOVERNMENT IN ACCORDANCE WITH 20 C.F.R. § 603.2(D)(2)(II); 2
AND 3

(III) PUBLICLY GOVERNED AN D FUNDED COMMUNITY A ND 4
TECHNICAL COLLEGES; 5

(3) PERFORMANCE ACCOUNTABILITY AND CUSTOMER INFORMATION 6
AGENCIES DESIGNATED BY THE GOVERNOR TO BE RESPON SIBLE FOR 7
COORDINATING THE ASS ESSMENT OF STATE AND LOCAL EDUCA TION OR 8
WORKFORCE TRAINING PROGRAM PERFORMANCE OR EVALUATING ED UCATION OR 9
WORKFORCE TRAINING PROVIDER PERFORMANCE; 10

(4) THE CHIEF ELECTED OFFICIAL OF A LOCAL AREA AS DEFINED IN § 11
3(9) OF THE FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT; AND 12

(5) A STATE EDUCATIONAL AUTHORITY, AGENCY, OR INSTITUTION AS 13
THOSE TERMS ARE USED IN THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND 14
PRIVACY ACT, TO THE EXTENT THAT THEY ARE PUBLIC ENTITIES. 15

(W–4) “REQUESTING AGENCY ” MEANS AN AGENCY DEFI NED IN 20 C.F.R. § 16
603.21. 17

[(w–1)] (W–5) “Review determination” means the process by which the 18
Department conducts an internal review of a determination made under Subtitle 6 of this 19
title, independent of a determination or redetermination of a claim. 20

[(w–2)] (W–6) “Review determination decision” mean s the Secretary’s final 21
determination under Subtitle 6 of this title for which a right to a review determination is 22
available that: 23

(1) is issued in accordance with § 8–604 of this title; and 24

(2) may be appealed in accordance with § 8–605 of this title. 25

(x) “Secretary” means the Secretary of Labor. 26

(x–1) “Send” means to cause to be delivered by electronic transmission or physical 27
mailing. 28

(y) (1) “State” has the meaning stated in § 1–101 of this article. 29

(2) “State” does not include a territory of the United States unless the 30
territory enacted an unemployment insurance law that complies with the standards 31
HOUSE BILL 242 9

adopted by the Secretary of Labor of the United States under the Federal Unemployment 1
Tax Act or Title III of the Social Security Act. 2

(z) “Tip” means compensation that: 3

(1) an individual receives from a customer of the individual’s employer 4
while performing covered employment; and 5

(2) is included in a written statement provided to the employer under § 6
6053(a) of the Internal Revenue Code. 7

(Z–1) (1) “UNEMPLOYMENT INSURANC E INFORMATION ” MEANS 8
INFORMATION IN THE DEPARTMENT’S RECORDS PERTAINING TO THE 9
ADMINISTRATION OF TH E UNEMPLOYMENT INSUR ANCE PROGRAM , INCLUDING 10
INFORMATION OBTAINED BY THE DEPARTMENT FROM CLAIMANTS AND EMPLOYERS 11
IN ACCORDANCE WITH THIS TITLE. 12

(2) “UNEMPLOYMENT INSURANCE INFORMATION” INCLUDES STATE 13
WAGE REPORTS COLLECT ED UNDER AN INCOME A ND ELIGIBILITY VERIF ICATION 14
SYSTEM IN ACCORDANCE WITH 42 U.S.C. § 1320B–7 THAT ARE OBTAINED BY THE 15
DEPARTMENT FOR DETERM INING UNEMPLOYMENT I NSURANCE MONETARY 16
ELIGIBILITY OR ARE DOWNLOADED TO THE DEPARTMENT’S FILES AS A RESULT OF A 17
CROSSMATCH BUT DOES NOT OTHERWISE INCLUDE THOSE WAGE REPORTS. 18

(3) “UNEMPLOYMENT INSURANC E INFORMATION ” DOES NOT 19
INCLUDE: 20

(I) INFORMATION IN THE STATE’S DIRECTORY OF NEW HIRES, 21
UNLESS THE INFORMATION HAS BEEN DISCLOSED TO THE DEPARTMENT FOR USE IN 22
THE UNEMPLOYMENT INSURANCE PROGRAM; OR 23

(II) THE PERSONNEL OR FIS CAL INFORMATION OF T HE 24
DEPARTMENT. 25

(Z–2) “WAGE INFORMATION” MEANS INFORMATION IN THE RECORDS OF THE 26
DEPARTMENT ABOUT: 27

(1) THE WAGES PAID TO AN INDIVIDUAL; 28

(2) THE SOCIAL SECURITY NUMBER OF THE INDIVIDUAL; AND 29

(3) THE NAME , ADDRESS, STATE, AND FEDERAL EMPLOYER 30
IDENTIFICATION NUMBER OF THE EMPLOYER WHO PAID WAGES TO THE INDIVIDUAL. 31

10 HOUSE BILL 242

(aa) (1) “Wages” means all compensation for personal services except as 1
provided in paragraph (3) of this subsection. 2

(2) “Wages” includes: 3

(i) a bonus; 4

(ii) a commission; 5

(iii) a tip; and 6

(iv) the cash value of all compensation in any medium other than 7
cash. 8

(3) “Wages” does not include: 9

(i) the amount of any payment made to or on behalf of an employee 10
or any dependent of an employee under a plan or system established by an employing unit 11
that provides for employees generally or for their dependents or for a class of employees 12
and their dependents on account of: 13

1. retirement; 14

2. sickness or accident disability payments under a workers’ 15
compensation law; 16

3. medical or hospitalization expenses in connection with 17
sickness or accident disability; 18

4. a cafeteria plan as defined in 26 U.S.C. § 125, if the 19
payments would not be treated as wages outside a cafeteria plan; 20

5. dependent care assistance to the extent that the 21
assistance payments would be excludable from gross income under the provisions of 26 22
U.S.C. § 127 or § 129; or 23

6. death; 24

(ii) any amount that an employing unit pays for insurance or an 25
annuity or into a fund to provide for a payment described in item (i) of this paragraph; 26

(iii) any payment on account of sickness or accident disability or 27
medical or hospitalization expenses in connection with sickness or accident disability made 28
by the employing unit to or on behalf of an employee at least 6 calendar months after the 29
last calendar month in which the employee worked for the employing unit; 30

HOUSE BILL 242 11

(iv) any payment made to or on behalf of an employee or beneficiary 1
of the employee: 2

1. from or to a trust exempt from tax under § 401(a) of the 3
Internal Rev enue Code at the time of the payment, unless the payment is made to an 4
employee of the trust as compensation for services rendered as an employee and not as 5
beneficiary of the trust; or 6

2. under or to an annuity plan that, at the time of payment, 7
meets the requirements of § 401(a)(3) through (6) of the Internal Revenue Code; 8

(v) with respect to compensation paid to an employee for domestic 9
service in a private home of the employing unit or for agricultural labor, the payment by 10
an employing unit wi thout deduction of the tax imposed on an employee under § 3101 of 11
the Internal Revenue Code; 12

(vi) any payment required from an employee under a state 13
unemployment insurance law; 14

(vii) compensation paid in any medium other than cash to an 15
employee for service not in the course of the trade or business of the employing unit; 16

(viii) any payment other than vacation or sick pay made to an 17
employee after the month in which the employee becomes 65 years old if the employee did 18
not work for the employing unit in the period for which the payment is made; 19

(ix) any payment, including an amount paid into a fund to provide 20
for any payment by an employing unit to or on behalf of an employee under a plan or system 21
that an employing unit establishes that provides for employees of the employing unit 22
generally or a class or group of employees to supplement unemployment benefits; 23

(x) any payment to an individual as compensation for serving or 24
being called to serve on a jury; or 25

(xi) any payment to an individual as allowance or reimbursement for 26
travel or other expenses incurred on the business of the employer up to the amount of 27
expenses actually incurred and accounted for by the individual to the employer. 28

(bb) “Week” means a period of 7 consecutive days, as the Secretary sets by 29
regulation. 30

8–110. 31

(a) [On] SUBJECT TO FEDERAL LA W, INCLUDING 20 C.F.R. PART 603, ON 32
request and for purposes consistent with Chapter 65 of the Acts of the General Assembly 33
of 2021, the Department shall provide to the chief elected official of a county demographic 34
12 HOUSE BILL 242

data and the addresses, occupations, and last known employers of unemployme nt 1
insurance recipients who live in the county of the chief elected official. 2

(b) [A] SUBJECT TO FEDERAL LAW, INCLUDING 20 C.F.R. PART 603, A chief 3
elected official of a county may: 4

(1) share the information provided to the chief elected official unde r 5
subsection (a) of this section with the governing body of the county; and 6

(2) request information under subsection (a) of this section on behalf of a 7
political subdivision within the county and provide the information to the political 8
subdivision. 9

(c) The Secretary may adopt regulations to carry out this section, including 10
regulations that: 11

(1) establish the circumstances under which the names of unemployment 12
insurance recipients may be included in the information provided under subsection (a) of 13
this section; and 14

(2) are necessary to protect the personally identifiable information of 15
unemployment insurance recipients. 16

8–111. 17

(A) FOR PURPOSES OF THIS SECTION, “FEDERAL LAW ” MEANS THE 18
FEDERAL LAW GOVERNIN G THE UNEMPLOYMENT I NSURANCE PROGRAM , 19
INCLUDING THE SOCIAL SECURITY ACT, THE FEDERAL UNEMPLOYMENT TAX ACT, 20
AND RELATED REGULATIONS PROMULGATED BY THE U.S. DEPARTMENT OF LABOR, 21
INCLUDING 20 C.F.R. PART 603. 22

(B) THE CONFIDENTIALITY P ROVISIONS OF THIS TI TLE SHALL BE 23
INTERPRETED IN A MANNER THAT ENSURES COMPLIANCE WITH FEDERAL LAW. 24

(C) EXCEPT AS OTHERWISE P ROVIDED UNDER FEDERA L OR STATE LAW , 25
ANY UNEMPLOYMENT INSURANCE INFORMATION IN THE DEPARTMENT’S RECORDS 26
THAT REVEALS THE NAM E OR OTHER IDENTIFYI NG INFORMATION ABOUT AN 27
INDIVIDUAL OR A PAST OR PRESENT EMPLOYER OR EMPLOYING UNIT , OR THAT 28
COULD FORESEEABLY BE COMBINED WITH OTHER PUBLICLY AVAILABLE 29
INFORMATION TO REVEAL ANY SUCH INFORMATION, IS CONFIDENTIAL AND MAY NOT 30
BE DISCLOSED. 31

(D) THE CONFIDENTIALITY PROVISIONS OF THIS TITLE DO NOT APPLY TO: 32

HOUSE BILL 242 13

(1) THE DISCLOSURE OF INFORMATION THAT IS NECESSARY FOR THE 1
PROPER ADMINISTRATIO N OF THE UNEMPLOYMEN T INSURANCE PROGRAM , 2
INCLUDING THE DISCLO SURE OF INFORMATION TO A CLAIMANT AND EM PLOYER 3
RELATED TO A CLAIM F OR BENEFITS INVOLVIN G THAT CLAIMANT AND THAT 4
EMPLOYER; 5

(2) PUBLIC DOMAIN INFORMATION; OR 6

(3) INFORMATION COLLECTE D EXCLUSIVELY FOR ST ATISTICAL 7
PURPOSES UNDER A COOPERATIVE AGREEMENT WITH THE U.S. BUREAU OF LABOR 8
STATISTICS, ANY OTHER INFORMATIO N TRANSFERRED TO THE U.S. BUREAU OF 9
LABOR STATISTICS UNDER AN A GREEMENT, OR THE U.S. BUREAU OF LABOR 10
STATISTICS’ DISCLOSURE OR USE OF SUCH INFORMATION. 11

(E) THE SECRETARY SHALL DISCL OSE CONFIDENTIAL UNE MPLOYMENT 12
INSURANCE INFORMATION: 13

(1) AS NECESSARY FOR THE PROPER ADMINISTRATIO N OF THE 14
UNEMPLOYMENT INSURANCE PROGRAM, INCLUDING DISCLOSING INFORMATION TO 15
A CLAIMANT AND EMPLOYER RELATED TO A CLAIM FOR BENEFITS INVOLVING THAT 16
CLAIMANT AND THAT EMPLOYER; 17

(2) AS OTHERWISE REQUIRE D UNDER FEDERAL LAW , INCLUDING 20 18
C.F.R. §§ 603.6(B) AND 603.22; AND 19

(3) AS OTHERWISE PROVIDE D UNDER THIS TITLE I N ACCORDANCE 20
WITH FEDERAL LAW. 21

(F) TO THE EXTENT NECESSARY FOR PROPER PRESENTATION OF A CLAIM, 22
THE SECRETARY, THE LOWER APPEALS DIVISION, AND THE BOARD OF APPEALS 23
SHALL PROVIDE CONFID ENTIAL UNEMPLOYMENT INSURANCE INFORMATION TO A 24
CLAIMANT OR AN EMPLO YER AT A HEARING BEF ORE A HEARING EXAMIN ER, A 25
SPECIAL EXAMINER, THE SECRETARY, OR THE BOARD OF APPEALS PERTAINING TO 26
THAT CLAIMANT AND THAT EMPLOYER. 27

(G) AT THE SECRETARY’S DISCRETION, AND IF THE DISCLOSURE DOES NOT 28
INTERFERE WITH THE E FFICIENT ADMINISTRAT ION OF THE UNEMPLOYM ENT 29
INSURANCE PROGRAM , THE SECRETARY MAY AUTHORI ZE THE FOLLOWING 30
DISCLOSURES OF CONFI DENTIAL UNEMPLOYMENT INSURANCE INFORMATIO N IN 31
ACCORDANCE WITH FEDERAL LAW: 32

14 HOUSE BILL 242

(1) FOR PURPOSES NOT REL ATED TO THE UNEMPLOY MENT 1
INSURANCE PROGRAM, INFORMATION ABOUT AN INDIVIDUAL TO THE IN DIVIDUAL, 2
OR ABOUT AN EMPLOYER TO THE EMPLOYER; 3

(2) FINAL DECISIONS , AND RECORDS OF HEARI NGS THAT LED TO 4
FINAL DECISIONS , OF THE LOWER APPEALS DIVISION AND THE BOARD O F 5
APPEALS, IF ALL SOCIAL SECURITY NUMBERS HAVE BEEN REMOVED; 6

(3) TO A PUBLIC OFFICIAL FOR USE IN THE PERFO RMANCE OF 7
OFFICIAL DUTIES; 8

(4) TO AN AGENT OR CONTRACTOR OF A PUBLIC OFFICIAL FOR USE IN 9
THE PERFORMANCE OF T HE PUBLIC OFFICIAL ’S OFFICIAL DUT IES, IF THE PUBLIC 10
OFFICIAL RETAINS RES PONSIBILITY FOR THE USES OF THE CONFIDEN TIAL 11
UNEMPLOYMENT INSURANCE INFORMATION BY THE AGENT OR CONTRACTOR; 12

(5) TO AN AUTHORIZED REP RESENTATIVE, OTHER THAN AN 13
ATTORNEY, OF A CLAIMANT OR AN EMPLOYER IF THE AUTH ORIZED 14
REPRESENTATIVE PRESE NTS A WRITTEN RELEAS E FROM THE CLAIMANT OR 15
EMPLOYER BEING REPRESENTED; 16

(6) TO AN ELECTED OFFICIAL PERFORMING CONSTITUENT SERVICES, 17
IF THE OFFICIAL PRESENTS REASONABLE EVIDENCE, SUCH AS A LETTER FROM THE 18
INDIVIDUAL OR EMPLOYER REQUESTING ASSISTANCE OR A WRITTEN RECORD OF A 19
TELEPHONE REQUEST FROM THE INDIVIDUAL OR EMPLOYER, THAT THE INDIVIDUAL 20
OR EMPLOYER HAS AUTHORIZED THE DISCLOSURE; 21

(7) TO AN ATTORNEY WHO I S REPRESENTING A CLA IMANT OR AN 22
EMPLOYER IN AN UNEMPLOYMENT INSURANCE CLAIM; AND 23

(8) TO A THIRD PARTY THA T IS NOT ACTING AS A N AGENT OR THAT 24
RECEIVES CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION FOLLOWING 25
AN INFORMED CONSENT DISCLOSURE ON AN ONG OING BASIS , EVEN IF THE 26
INDIVIDUAL OR ENTITY IS AN AGENT, BUT ONLY IF: 27

(I) THE THIRD PARTY OBTAINS A WRITTEN RELEASE FROM THE 28
INDIVIDUAL OR EMPLOY ER TO WHOM THE CONFI DENTIAL UNEMPLOYMENT 29
INSURANCE INFORMATION PERTAINS; 30

(II) THE WRITTEN RELEASE IS SIGNED AND INCLUDES: 31

1. A STATEMENT SPECIFICALLY IDENTIFYING: 32

HOUSE BILL 242 15

A. THE CONFIDENTIAL UNE MPLOYMENT INSURANCE 1
INFORMATION TO BE DISCLOSED; 2

B. THAT STATE GOVERNMENT FILES WILL BE ACCESSED 3
TO OBTAIN THE CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION; AND 4

C. THE SPECIFIC PURPOSE FOR WHICH THE 5
CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION IS SOUGHT; AND 6

2. A STATEMENT THAT CONFIDENTIAL UNEMPLOYMENT 7
INSURANCE INFORMATIO N OBTAINED UNDER THE RELEASE WILL BE USED ONLY 8
FOR THAT PURPOSE AND IDENTIFYING ALL PART IES WHO MAY RECEIVE THE 9
CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION DISCLOSED; AND 10

(III) THE PURPOSE SPECIFIE D IN THE RELEASE IS LIMITED TO 11
PROVIDING A SERVICE OR BENEFIT TO THE IN DIVIDUAL SIGNING THE RELEASE 12
THAT THE INDIVIDUAL EXPECTS TO RECEIVE AS A RESULT OF SIGNING THE RELEASE 13
OR CARRYING OUT ADMI NISTRATION OR EVALUA TION OF A PUBLIC PRO GRAM TO 14
WHICH THE RELEASE PERTAINS. 15

(H) (1) THE SECRETARY MAY DISCLOSE CONFIDENTIAL UNEMPLOYMENT 16
INSURANCE INFORMATIO N IN RESPONSE TO A S UBPOENA ISSUED BY A LOCAL, 17
STATE, OR FEDERAL GOVERNMENT OFFICIAL, OTHER THAN A CLERK OF COURT ON 18
BEHALF OF A LITIGANT , WITH AUTHORITY TO OB TAIN THE CONFIDENTIA L 19
UNEMPLOYMENT INSURAN CE INFORMATION BY SU BPOENA UNDER FEDERAL OR 20
STATE LAW. 21

(2) THE SECRETARY MAY CHOOSE TO PROVIDE THE CONFI DENTIAL 22
UNEMPLOYMENT INSURAN CE INFORMATION TO AN OFFICIAL UNDER TH IS 23
SUBSECTION WITHOUT THE ACTUAL ISSUANCE OF A SUBPOENA. 24

(I) CONFIDENTIAL UNEMPLOY MENT INSURANCE INFOR MATION 25
DISCLOSED TO A THIRD PARTY THAT IS NOT ACTING AS AN AGENT OR THAT RECEIVES 26
CONFIDENTIAL UNEMPLO YMENT INSURANCE INFO RMATION F OLLOWING AN 27
INFORMED CONSENT DISCLOSURE ON AN ONGOING BASIS, EVEN IF THE INDIVIDUAL 28
OR ENTITY IS AN AGENT, TO A PUBLIC OFFICIAL, TO AN AGENT OR CONTRACTOR OF 29
A PUBLIC OFFICIAL, TO A REQUESTING AGENCY AND AS REQUIRED UNDER 20 C.F.R. 30
§ 603.6(B)(1) THROUGH (4), (6), AND (7)(I), SHALL BE SAFEGUARDED AGAINST 31
UNAUTHORIZED ACCESS AS FOLLOWS: 32

(1) THE RECIPIENT SHALL USE THE CONFIDENTIAL UNEMPLOYMENT 33
INSURANCE INFORMATION EXCLUSIVELY FOR TH E PURPOSES FOR WHICH IT WAS 34
16 HOUSE BILL 242

DISCLOSED AND CONSIS TENT WITH A WRITTEN AGREEMENT WITH THE 1
DEPARTMENT; 2

(2) THE RECIPIENT SHALL STORE AND PROCESS THE CONFIDENTIAL 3
UNEMPLOYMENT INSURANCE INFORMATION ELECTRONICALLY AND PHYSICALLY IN 4
SUCH A WAY TO ENSURE THAT IT IS SECURE FR OM ACCESS BY UNAUTHO RIZED 5
PERSONS BY ANY MEANS; 6

(3) THE RECIPIENT SHALL UNDERTAKE PRECAUTION S TO ENSURE 7
THAT ONLY AUTHORIZED PERSONNEL, INCLUDING EMPLOYEES , AGENTS, AND 8
CONTRACTORS, ARE GIVEN ACCESS TO DISCLOSED CONFIDENTIAL UNEMPLOYMENT 9
INSURANCE INFORMATION STORED IN COMPUTER SYSTEMS; 10

(4) THE RECIPIEN T SHALL INSTRUCT ALL PERSONNEL, INCLUDING 11
ANY EMPLOYEES, AGENTS, AND CONTRACTORS, HAVING ACCESS TO THE DISCLOSED 12
CONFIDENTIAL UNEMPLO YMENT INSURANCE INFO RMATION ABOUT THE 13
CONFIDENTIAL NATURE OF THE INFORMATION , THE CONFIDENTIALITY 14
REQUIREMENTS OF FEDERAL AND STATE LAW, AND THE SANCTIONS UNDER STATE 15
LAW FOR UNAUTHORIZED DISCLOSURE OF THE CO NFIDENTIAL UNEMPLOYM ENT 16
INSURANCE INFORMATION; 17

(5) THE RECIPIENT SHALL SIGN AN ACKNOWLEDGME NT THAT ALL 18
PERSONNEL, INCLUDING ANY EMPLOY EES, AGENTS, AND CONTRACTORS , HAVING 19
ACCESS TO THE CONFID ENTIAL UNEMPLOYMENT INSURANCE INFORMATION HAVE 20
BEEN INSTRUCTED IN A CCORDANCE WITH THIS SECTION, WILL ADHERE TO THE 21
STATE’S CONFIDENTIALITY RE QUIREMENTS AND PROCE DURES, AND AGREE TO 22
REPORT ANY INFRACTION OF THESE REQUIREMENTS TO THE DEPARTMENT FULLY 23
AND PROMPTLY; 24

(6) (I) THE RECIPIENT SHALL DISPOSE OF CONFIDENT IAL 25
UNEMPLOYMENT INSURAN CE INFORMATION DISCL OSED OR OBTAINED , AND ANY 26
COPIES OF THE DISCLO SED OR OBTAINED CONF IDENTIAL UNEMPLOYMEN T 27
INSURANCE INFORMATION MADE BY THE RECIPI ENT, INCLUDING BY EMPLOYE ES, 28
AGENTS, AND CONTRACTORS, AFTER THE PURPOSE FOR WHICH THE CONFIDENTIAL 29
UNEMPLOYMENT INSURANCE INFORMATION IS DISCLOSED IS SERVED, EXCEPT FOR 30
DISCLOSED CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION POSSESSED 31
BY ANY COURT; AND 32

(II) THE CONFIDENTIAL UNE MPLOYMENT INSURANCE 33
INFORMATION DISCLOSE D MAY NOT BE RETAINE D WITH PERSONAL IDEN TIFIERS 34
FOR LONGER THAN THE PERIOD OF TIME AS TH E DEPARTMENT DEEMS 35
APPROPRIATE ON A CASE–BY–CASE BASIS; 36

HOUSE BILL 242 17

(7) THE RECIPIENT SHALL MAINTAIN A SYSTEM SUFFICIENT TO 1
ALLOW AN AUDIT OF COMPLIANCE BY THE DEPARTMENT; AND 2

(8) THE RECIPIENT , AND ANY OF ITS EMPLO YEES, AGENTS, AND 3
CONTRACTORS, MAY NOT REDISCLOSE CONFIDENTIAL UNEMPLOYMENT INSURANCE 4
INFORMATION EXCEPT A S SPECIFICALLY AUTHO RIZED BY THE SECRETARY IN 5
ACCORDANCE WITH A WRITTEN AGREEMENT. 6

(J) IN ACCORDANCE WITH FEDERAL LAW, THE SECRETARY MAY AUTHORIZE 7
A RECIPIENT OF CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION UNDER 8
20 C.F.R. § 603.6(B)(1), (2), (3), (4), (6), OR (7)(I), 20 C.F.R. § 603.22, OR 9
SUBSECTION (G)(3), (4), OR (8) OF THIS SECTION TO R EDISCLOSE THE 10
CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION ONLY: 11

(1) TO THE INDIVIDUAL OR EMPLOYER WHO IS THE SUBJECT OF THE 12
CONFIDENTIAL UNEMPLOYMENT INSURANCE INFORMATION; 13

(2) TO AN ATTORNEY OR OTHER DULY AUTHOR IZED AGENT 14
REPRESENTING THE INDIVIDUAL OR EMPLOYER; 15

(3) IN ANY ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDINGS FOR 16
OR ON BEHALF OF A RECIPIENT AGENCY OR ENTITY; 17

(4) IN RESPONSE TO A SUBPOENA ONLY AS PROVIDED IN 20 C.F.R. § 18
603.7; 19

(5) TO AN AGENT OR CONTRACTOR OF A PUBLIC OFFICIAL IF: 20

(I) THE PERSON REDISCLOSING IS A PUBLIC OFFICIAL; 21

(II) THE PUBLIC OFFICIAL RETAINS RESPONSIBILITY FOR THE 22
USES OF THE CONFIDEN TIAL UNEMPLOYMENT IN SURANCE INFORMATION BY THE 23
AGENT OR CONTRACTOR; AND 24

(III) THE CONFIDENTIAL UNE MPLOYMENT INSURANCE 25
INFORMATION REDISCLOSED IS SUBJECT TO TH E SAFEGUARDS IN SUBS ECTION (I) 26
OF THIS SECTION; 27

(6) FROM ONE PUBLIC OFFI CIAL TO ANOTHER IF T HE INFORMATION 28
REDISCLOSED IS SUBJE CT TO THE SAFEGUARDS IN SUBS ECTION (I) OF THIS 29
SECTION; 30

(7) TO ANY AGENT OF A CHILD SUPPORT ENFORCEMENT UNIT IF: 31
18 HOUSE BILL 242

(I) THE AGENT IS UNDER C ONTRACT WITH THE UNI T FOR THE 1
PURPOSES OF ESTABLIS HING AND COLLECTING CHILD SUPPORT OBLIGA TIONS 2
FROM AND LOCATING INDIVIDUALS OWING SUCH OBLIGATIONS; AND 3

(II) THE AGENT COMPLIES W ITH THE SAFEGUARDS I N 4
SUBSECTION (I) OF THIS SECTION; AND 5

(8) WHEN SPECIFICALLY AUTHORIZED BY A WRITTEN RELEASE THAT 6
MEETS THE REQUIREMENTS OF SUBSECTION (G)(8) OF THIS SECTION. 7

(K) ANY EMPLOYEE OR FORMER EMPLOYEE OF THE DEPARTMENT, AND ANY 8
RECIPIENT OF CONFIDE NTIAL UNEMPLOYMENT INSURANCE INFORMATION UNDER 9
SUBSECTION (G) OF THIS SECTION , INCLUDING ANY EMPLOY EE, AGENT, OR 10
CONTRACTOR OF THE RECIPIENT, WHO DISCLOSES CONFIDENTIAL UNEMPLOYMENT 11
INSURANCE INFORMATION IN VIOLATION OF THIS TITLE IS SUBJECT TO PENALTIES 12
UNDER SUBTITLE 13 OF THIS TITLE. 13

8–625. 14

[(d) (1) Except as provided in paragraph (2) of this subsection, the Secretary 15
and Board of Appeals may not publish or allow public inspection of information obtained 16
under this section in any manner that reveals the identity of the employer except to public 17
employees in the performance of their public duties. 18

(2) (i) The Secretary and Board of Appeals may allow inspection of 19
information obtained under this section to any agent of a child support enforcement unit if 20
the agent is under contract with the unit for the purposes of establishing and collecting 21
child support obligations from and locating individuals owing such obligations. 22

(ii) The agent of the unit shall comply with safeguards established 23
by the United States Department of Labor and the Secretary and is subject to the penalties 24
under § 8–1305(c) of this title. 25

(3) To the extent necessary for proper presentation of a claim, the Secretary 26
or Board of Appeals shall provide information from the records to a claimant at a hearing 27
before a special examiner, hearing examiner, the Secretary, or the Board of Appeals.] 28

[8–811. 29

(a) In this section, “claim information” means information regarding: 30

(1) whether an individual is receiving, has received, or has applied for 31
benefits under this title; 32

HOUSE BILL 242 19

(2) the amount of benefits an individual is receiving or is entitled to receive; 1

(3) an individual’s current or most recent home address; 2

(4) whether an individual has refused an offer of work and if so, a 3
description of the job offered, including terms, conditions, and rate of pay; and 4

(5) any other information that is needed by the child support enforcement 5
unit to verify eligibility for and the amount of benefits. 6

(b) If an agent of a child support enforcement unit is under contract with the child 7
support enforcement unit for the purposes of establishing and collecting child support 8
obligations from and locating individuals owing such obligations, the Secretary and the 9
Board of Appeals may allow the agent to inspect claim information. 10

(c) The agent of the child support enforcement unit shall comply with safeguards 11
established by the United States Department of Labor and the Secretary and is subject to 12
the penalties under § 8–1305(c) of this title.] 13

8–1305. 14

(c) (1) An employing unit or officer or agent of an employing unit who violates 15
§ 8–1303 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine 16
not exceeding $1,000 or imprisonment not exceeding 1 year or both. 17

(2) A person who violates § 8 –5A–08(b) or (d) of this title is guilty of a 18
misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment 19
not exceeding 1 year or both. 20

(3) A person who violates § 8 –1304 of this subtitle is guilty of a 21
misdemeanor for each day the violation continues and on conviction is subject to a fine not 22
exceeding $1,000 or imprisonment not exceeding 1 year or both. 23

(4) An employee OR FORMER EMPLOYEE of the [Secretary or Board of 24
Appeals] DEPARTMENT who IN THE COURSE OF EMPLOYMENT OR DUTY HAS OR HAD 25
ACCESS TO CONFIDENTI AL UNEMPLOYMENT INSU RANCE INFORMATION 26
MAINTAINED BY THE DEPARTMENT AND WHO violates [§ 8–625] § 8–111 of this title is 27
guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or 28
imprisonment not exceeding 1 year or both. 29

(5) A PERSON WHO RECEIVES CONFIDENTIAL UNEMPLO YMENT 30
INSURANCE INFORMATION UNDER THIS TITLE A ND WHO REDISCLOSES , WITHOUT 31
AUTHORIZATION, OR USES THE CONFIDEN TIAL UNEMPLOYMENT IN SURANCE 32
INFORMATION FOR A PURPOSE OTHER THAN THAT SPECIFIED IN THE PROVISION OF 33
LAW OR AGREEMENT AUT HORIZING THE USE OR DISCLOSURE OF THE 34
CONFIDENTIAL UNEMPLO YMENT INSURANCE INFO RMATION IS GUILTY OF A 35
20 HOUSE BILL 242

MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 1
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH. 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.