NORWICH – An effort to save the county money on indigent defense fell flat on its face Tuesday when a county director said privacy law prevents her department from screening potential clients for their ability to pay.

Chenango County Department of Social Services Director Bette Osborne said the Health Insurance Portability and Accountability Act of 1996 (HIPAA) would make it illegal for her department to screen clients for their ability to pay.

“We can’t do it on the front end unless the PD suspects fraud,” she said.

Public Defender Alan Gordon was directed in April to use the county’s fraud department to determine whether clients can or cannot pay for assigned counsel. Two supervisors, Linda E. Natoli, R-City of Norwich, and Jack Cook, R-Greene, suggested that DSS could conduct random reviews and save the department money.