MDRS hereby expresses written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures ensure that
1. Specific safeguards are
established to protect current and stored personal information;
2. All applicants and eligible individuals
and, as appropriate, those individuals' representatives, service providers,
cooperating agencies, and interested persons are informed through appropriate
modes of communication of the confidentiality of personal information and the
conditions for accessing and releasing this information;
3. All applicants or their representatives
are informed about MDRS' need to collect personal information and the policies
governing its use, including-
a.
Identification of the authority under which information is collected;
b. Explanation of the principal purposes for
which MDRS intends to use or release the information;
c. Explanation of whether providing requested
information to MDRS is mandatory or voluntary and the effects of not providing
requested information;
d.
Identification of those situations in which MDRS requires or does not require
informed written consent of the individual before information may be released;
and e. Identification of other agencies to which information is routinely
released;
4. An
explanation of State policies and procedures affecting personal information
will be provided to each individual in that individual's native language or
through the appropriate mode of communication; and
5. These policies and procedures provide no
fewer protections for individuals than State laws and regulations.
State Program Use
All personal information in the possession of MDRS is used
only for the purposes directly connected with the administration of the
vocational rehabilitation program. Information containing identifiable personal
information is not shared with advisory or other bodies that do not have
official responsibility for administration of the program. In the
administration of the program, MDRS may obtain personal information from
service providers and cooperating agencies under assurances that the
information may not be further divulged, except as provided elsewhere in this
section.
Release to Applicants and Eligible Individuals
1. Except as provided elsewhere in
this section, if requested in writing by an applicant or eligible individual,
MDRS makes all requested information in that individual's record of services
accessible to and will release the information to the individual or the
individual's representative in a timely manner.
2. Medical, psychological, or other
information that MDRS determines may be harmful to the individual may not be
released directly to the individual, but must be provided to the individual
through a third party chosen by the individual, which may include, among
others, an advocate, a family member, or a qualified medical or mental health
professional, unless a representative has been appointed by a court to
represent the individual, in which case the information must be released to the
court-appointed representative.
3.
If personal information has been obtained from another agency or organization,
it may be released only by, or under the conditions established by, the other
agency or organization.
4. An
applicant or eligible individual who believes that information in the
individual's record of services is inaccurate or misleading may request that
the designated Agency amend the information. If the information is not amended,
the request for an amendment will be documented in the record of services.
Release for Audit, Evaluation, and Research
Personal information may be released to an organization,
agency, or individual engaged in audit, evaluation, or research only for
purposes directly connected with the administration of the vocational
rehabilitation program or for purposes that would significantly improve the
quality of life for applicants and eligible individuals and only if the
organization, agency, or individual assures that-
1. The information will be used only for the
purposes for which it is being provided;
2. The information will be released only to
persons officially connected with the audit, evaluation, or research;
3. The information will not be released to
the involved individual;
4. The
information will be managed in a manner to safeguard confidentiality;
and
5. The final product will not
reveal any personal identifying information without the informed written
consent of the involved individual or the individual's representative.
Release to Other Programs or Authorities
1. Upon receiving the informed written
consent of the individual or, if appropriate, the individual's representative,
MDRS may release personal information to another agency or organization for its
program purposes only to the extent that the information may be released to the
involved individual or the individual's representative and only to the extent
that the other agency or organization demonstrates that the information
requested is necessary for its program.
2. Medical or psychological information that
MDRS determines may be harmful to the individual may be released if the other
agency or organization assures MDRS that the information will be used only for
the purpose for which it is being provided and will not be further released to
the individual.
3. MDRS must
release personal information if required by Federal law or
regulations.
4. MDRS must release
personal information in response to investigations in connection with law
enforcement, fraud, or abuse, unless expressly prohibited by Federal or State
laws or regulations, and in response to an order issued by a judge, magistrate,
or other authorized judicial officer.
5. MDRS also may release personal information
in order to protect the individual or others if the individual poses a threat
to his or her safety or to the safety of others.
MDRS has established reasonable fees to cover extraordinary
costs of duplicating records or making extensive searches and has established
policies and procedures governing access to records.
If duplication of records is requested, by a client or a
client's personal representative, for that client's own use, no fees for
reproducing those records shall be charged, unless the volume of such requested
information is so extensive as to exceed 20 pages. Should a request for
information exceed twenty pages, the Agency employee processing the request
shall institute common procedure for such requests by persons authorized to
have access to this information by contacting the Office of Finance for the
Agency and requesting a "fund number" for receipt of money collected to defray
the cost of duplicating the requested records. The employee may then charge the
requesting party a fee of $1.00 (one dollar) for each page in excess of 20
pages for the information. Payment should be requested in the form of check or
money order, payable to the "Mississippi Department of Rehabilitation
Services." When funds are collected, a receipt will be issued to the purchaser.
A duplicate receipt will be forwarded to the State Office along with the check
or money order. There will be no charge to State or Federal agencies associated
in providing services directed toward the client's rehabilitation program, or
any other agencies that have an exchange of information agreement with this
Agency.
