Mich. Admin. Code R. 395.55 - Confidentiality

Rule 5.

(1) MRS shall keep all personal information concerning individuals, including but not limited to, photographs and lists of names, confidential.

(2) MRS may release personal information only to individuals or entities directly connected with the administration of the vocational rehabilitation program and only to the extent permitted under federal regulations governing the vocational rehabilitation program. Information containing identifiable personal information shall not be shared with advisory or other bodies that do not have official responsibility for administration of the program.

(3) MRS shall release personal information only with the informed, written consent of the individual. MRS shall release personal information without informed, written consent of the individual as needed to protect the applicant from physical harm to self or others and in response to any of the following:

(a) Law enforcement, fraud, or abuse investigations.

(b) In response to a judicial order.

(c) When required by federal statute or regulation.

(d) For audit, research, or evaluation purposes as allowed under the federal regulations 34 CFR 361.38(d).

(e) In a suspected case of abuse, neglect, exploitation, or endangerment of the individual.

(4) Information obtained from another agency or organization shall be released only by, or under the conditions established by, the other agency/organization.

(5) When requested in writing by an individual, MRS shall make the information requested accessible to the individual and release the information to the individual or the individuals representative in a timely manner.

(6) Medical, psychological, and other information that may be potentially harmful to the individual shall not be directly released to the individual but shall be released instead to a third party chosen by the individual that may include any of the following:

(a) A qualified medical or mental health professional.

(b) Advocate.

(c) Family member.

(d) Legal guardian.

(7) MRS may release information to parents or legal guardians of individuals who are minors under the same conditions as it may be released directly to individuals.

(8) Release of information to an individual, agency, or organization other than those specified in these rules shall contain a statement precluding its further release.

(9) MRS counselors shall advise individuals and providers of information of the confidentiality and release restrictions in this rule through appropriate means of communication.

Notes

Mich. Admin. Code R. 395.55

2016 MR 24, Eff. 1/5/2016