OOD collects and maintains
shall collect individual
confidential information on individuals.Information
OOD, and anyone
with access to the confidential information, shall
, maintain it until appropriate destruction,
and keep such information
it confidential. OOD shall
destroy
also
eliminate individual information when the
information
it is no longer necessary
and relevant to the lawful functions of OOD, and when the destruction
its
elimination is permitted in accordance with other state and federal
regulations that govern OOD.
Throughout this rule, the individual's legal guardian
(court-appointed with authority to act in this area, or a parent for a minor)
shall have the same rights as the individual. The
, and the
individual's legal guardian shall
also sign any consent to release
information.
(A) "Confidential
information" means any information received about any individual
person
who has been referred to OOD, has applied for services, is currently receiving
services, or has received services. Anyone who has
access to information held by OOD shall keep such information
confidential.
(B) Within
fifteen days of the individual's written request, OOD shall release any
information contained in the individual's case record except for that
information listed in paragraphs (D) to (D)(2) of this rule, and shall inform
the individual of the individual's
his or her right to disagree with
information that has been collected and how the individual may register the
disagreement. The individual shall receive one copy of information on a
one-time, no-cost basis.
(C)
An individual may request in writing to review the
individual's case record.Upon the individual's
written request to review his or her case record,
On receiving the individual's request, OOD shall
schedule a mutually convenient time for the individual to review
the individual's
his
or her case record.
(1) A counselor
or supervisor shall be present during the individual's review.
(2) On request, the individual shall receive
one copy of information on a one-time, no-cost basis.
(D) The individual shall not have access to
the following information:
(1) Medical,
psychological, or other information that an OOD medical or psychological
consultant determines may be harmful to the individual or is marked confidential. Such information shall be
released only to a third party designated by the individual, in writing, 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 shall be
released to the court-appointed representative. OOD shall not assume the cost
for the interpretation of any information to the individual.
The individual shall be informed of the procedure for
obtaining the release of information to a third party if
If any information is removed from the case
record under this section for the individual's review, the individual shall be informed of the procedure for
obtaining the release of information to a third party..
(2)
OOD shall not
release
The individual shall not have access
to unpurchased information,
that is marked confidential or
information which otherwise indicates
the information
that
it shall not be shown to the individual. If the individual requests
such information, the individual shall be referred to the source
where the information was obtained.
(E)
An
If the
individual
may objectobjects to any information in the
individual's case record
.
On receiving an objection, OOD shall review the disputed information for
accuracy, relevance, timeliness, and completeness
.
OOD, and shall inform the individual
of the results of the review and the action taken, if any, within ninety
calendar days of the individual's objection.
(1)
Unverified or
inaccurate information
Information
about eligibility or justification for services provided or not provided shall
not be destroyed, but shall not be used for any further
purpose in evaluating eligibility or services
even if it cannot be verified or is inaccurate; it shall be
placed in an envelope labeled "For Audit/Internal Program Use Only" and
returned to the case record. The information in the envelope shall not be
released to anyone.
(2)
If information
Information that cannot be verified or is
inaccurate
,
but
and does not
concern
is not about eligibility or
services,
it shall be destroyed
, or when possible, redacted or corrected
(or, when possible, parts of it lined out)
A list of deleted documents shall be marked "For
Audit/Internal Program Use Only," filed in the case record, and shall not be
released to anyone.
(a)
At the individual's written request, OOD shall inform
any person the individual designates that the disputed information has been
removed.
(3)
An
If the
individual
is not satisfied with the review
and the action taken
may submit a written rebuttal
about information not destroyed, redacted or corrected. OOD shall place the
individual's rebuttal in the individual's case record. OOD may add a statement
explaining why the information was not destroyed., OOD shall then take either of the following actions, as
appropriate:
(a) If the individual wants to
prepare a written rebuttal about information not destroyed, the rebuttal shall
be entered into the record, and shall be included when OOD releases a copy of
the information the rebuttal is about. If OOD believes the individual's
rebuttal is frivolous or irrelevant, OOD may also include a statement saying
that and explain why. OOD shall inform the individual that at his or her
written request, a copy of the rebuttal shall be provided to any person the
individual designates.
At the
individual's written request, OOD shall provide the rebuttal, or corrected
record, to any person the individual designates.
(b) OOD shall inform the
individual that at his or her written request, any person
the individual designates shall be informed that the
disputed information has been removed.
(F)
The
individual, or the individual's legal guardian, may sign a general consent
permitting OOD to provide confidential information to third parties to obtain
or provide services to the individual.
By
signing the general consent on the OOD application for services, the individual
(or the individual's legal guardian) shall permit OOD to provide only that
information needed to
This includes, but is
not limited to,
obtain
obtaining services from service providers, vendors,
other agencies, and facilities; to obtain placement from employers; to report
to the referral source; and to provide information requested by
law enforcement agenciesparole officers.
OOD shall
inform the provider or cooperating agency the following on the release of
confidential informationIf more information
than that which identifies the individual is released to a service provider or
a cooperating agency, OOD shall inform the provider of the following::
(1) Whether any of
the information shall only be released
has been determined by an OOD medical or
psychological consultant to be potentially harmful to the individual, and
therefore shall be released only to a third party designated by the
individual pursuant to the provision
provisions
in paragraph (D) of this rule;
(2)
That the information shall not be released to others without the individual's
consent; and
(3) That the
information shall be used only for the purpose provided.
(G)
OOD shall obtain
the
The individual's
individual, or the individual's legal guardian,
specific written consent
shall be needed
to release confidential information for the
following purposes.
If the individual has a legal
guardian (court-appointed with authority to act in this area, or a parent for a
minor), the guardian must also sign the consent.
(1)
The individual
may sign a written consent to
To permit
any other person to have access to the information
in the individual's case record
to which
that
the individual may have
has access to. Any person so designated by the individual
shall receive one copy of the individual's case
record at no cost.
(2)
If the individual provides a written consent, OOD
may
To release information to the media,
but OOD shall release only information that may
be released to the individual. (If media personnel
contact OOD about an individual, OOD shall not discuss any individual and/or
case records, or acknowledge that any person is or is not an individual
receiving services, or give identifying data that may reveal an individual's
identity.)
(3)
If OOD receives a request for individual information
that is for
For a purpose not covered
elsewhere in this rule
., the following shall apply:
(a) The requester shall provide the
individual's written consent;
(b) Only the information that meets
the criteria for release to the individual shall be released;
(c) Information shall be released
only to the extent that is needed to meet the requester's needs;
and
(d) Released information shall
include a statement that the information is provided only for the purpose
stated and shall not be released to anyone else unless the individual's consent
is obtained.
(4)
To respond to a subpoena request
If OOD receives a subpoena for
an
individual
individual's records., the records shall be
provided only with the individual's written consent. The attorney who
subpoenaed the records shall be responsible for obtaining the individual's
written consent.
(H)
OOD does not require consent
Consent from the individual
shall not be needed for OOD to release
confidential
individual information for investigations in
connection with law enforcement, fraud, or abuse (except where expressly
prohibited by federal or state laws or regulations); to protect the individual
or others when the individual poses a threat to
the
individual'shis or her safety or to
the safety of others; in response to a court order; to report a felony as
required by law; or when required by
state or
federal law.
In addition, OOD does not require
the individual's consent shall not be needed for
the
To release
of individual confidential information to an organization, agency,
or individual engaged in audit, evaluation, or research for purposes directly
connected with the administration of the vocational rehabilitation program, or
for purposes which would significantly improve the quality of life for persons
with disabilities, and both of the following conditions are met:
(1) If the organization, agency, or
individual assures that:
(a) The information
shall be used only for the purposes for which it is being provided;
(b) The information shall be released only to
persons officially connected with the audit, evaluation, or research;
(c) The information shall not be released to
the individual;
(d) The information
shall be managed in a manner to protect confidentiality;
(e) The final product shall not reveal any
personal identifying information without the written consent of the
individual, or the individual's
or his or her
legal guardian or legal representative; and
(2) The OOD executive director or
designee has approved the release.
(I) This rule is designed to implement
the Workforce Innovation and Opportunity Act, 29 U.S.C.
32, and resulting regulations"Title IV of the
Workforce Investment Act," which contains the 1998 amendments to "The
Rehabilitation Act of 1973," and resulting regulations.
