Iowa Admin. Code r. 281-56.26 - Collection and maintenance of records

Current through Register Vol. 44, No. 12, December 15, 2021

The division has the authority to collect and maintain records on individuals under the Act, the state plan for vocational rehabilitation services, and the Social Security Act. The acceptance of the provisions and benefits of the Rehabilitation Act, under Iowa Code section 259.1, is conditioned on the requirement that the division maintain the confidentiality of personally identifiable information and its release under certain circumstances as provided by applicable federal laws. These laws include, but are not limited to, the following:

1. The Freedom of Information Act ( 5 U.S.C. 552, added by P.L. 90-23 and amended by P.L. 93-502 and P.L. 94-409 ).
2. The Privacy Act of 1974 ( 5 U.S.C. 552a, added by P.L. 93-579 ).
3. The Drug Abuse Office and Treatment Act ( 21 U.S.C. 1175, added by P.L. 92-255 ) as amended by the Comprehensive Alcohol and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendment of 1974 ( 42 U.S.C. 4582, added by P.L. 93-282 ).
4. Section 6103 of the Internal Revenue Code ( 26 U.S.C. 6103 ) as amended by the Tax Reform Act of 1976 ( P.L. 94-455 ).
5. The Government in the Sunshine Act ( P.L. 94-409 ).
6. The Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. 1232g, added by P.L. 93-568 ).

Pursuant to Iowa Code section 259.9, the state of Iowa accepts the social security system rules for the disability determination program of the division. Failure to follow the provisions of the Act can result in the loss of federal funds. The state plan provides that all personally identifiable information is confidential and may be released only with the informed written consent of the job candidate or the job candidate's representative, except as permitted by federal law. Any contrary provision in Iowa Code chapter 22 must be waived in order for the state to receive federal funds, services, and essential information for the administration of vocational rehabilitation services.

Notes

Iowa Admin. Code r. 281-56.26
ARC 8806B, lAB 6/2/10, effective 7/7/10 Amended by IAB December 10, 2014/Volume XXXVII, Number 12, effective 1/14/2015 Amended by IAB December 7, 2016/Volume XXXIX, Number 12, effective 1/11/2017

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