Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
individual shall be informed of the following exceptions to the regulation that no
disclosure shall be made without the written consent of the individual. Any
disclosure made under this part shall be strictly limited to the information
necessary to carry out the purposes for which the information was released.
(1) Disclosure of information in the case record
may be made between or among the staff members of the Department and its medical
panel.
(2) Disclosure of information in
the case record may be made in order to process payment to or from the individual or
to purchase goods and services for the individual.
(3) Disclosure of information in the case record
may be made to any federal or state auditor or reviewer who has authority under
federal or state law to conduct an audit or review of the Department.
(4) Disclosure of information in the case record
may be made to any official of the United States Department of Education, who has
authority under law to review or inspect such case records.
(5) Disclosure of information in the case record
may be made to the Social Security Administration, the Disability Evaluation
Division of the California Department of Social Services (DSS), the Department of
Health Care Services (DHCS), the Department of Public Health (CDPH), the Department
of State Hospitals (DSH), the Department of Developmental Services (DDS) and
Regional Centers, and the Employment Development Department (EDD). Information that
can be released without individual consent to these agencies is limited to the
following:
(A) The status of the individual
including whether they are in training.
(B) Information relating to the IPE such as
employment goal, training received, changes made to the plan, etc.
(C) The projected time in plan.
(D) Whether EDD, DSS, or California Department of
Education (CDE) purchased services will be utilized in the implementation of the
plan and the information, except medical information, necessary to obtain those
services.
(E) The extent of client
participation in the plan.
(F) The date
of employment or on-the-job training.
(G) The date the case is closed or training is
completed or ceases, and if it ceases prior to completion, the reasons
therefore.
(6) Disclosure of
information in the case record may be made to medical personnel, either private or
governmental, when in the opinion of a member of the professional staff of the
Department a medical emergency exists.
(7) Disclosure of information in the case record,
except that which would disclose the results of any HIV test performed, may be made
to protect the potential victim when, in the exercise of reasonable skill, knowledge
and care, a member of the professional staff of the Department determines, based on
reliable information, that an individual poses a danger of violence to another
person, or themselves.
(8) Disclosure of
information in the case record may be made to an employee of the Department, or a
designated representative of an employee, when such employee has punitive action
taken against him or her by the Department and such action is based, or partly
based, on information in a case record. Such disclosure shall be conditioned on a
written agreement to protect the information from unauthorized disclosure.
(9) Disclosure of written materials and other
information may be made to either of the following:
(A) An impartial hearing officer when such
disclosure is necessary for the resolution of an appeal as provided in Section
7354 of these regulations.
(B) An Equal Employment Opportunity Counselor or
Investigator, or the Chief, Office of Civil Rights when the disclosure is necessary
to accomplish any of the following:
1. Review a
complaint for prima facie evidence of discrimination.
2. Resolve a complaint of alleged
discrimination.
3. Conduct an
investigation of a complaint of alleged discrimination.
(10) Disclosure of information in the
case record may be made to a prospective employer of a individual of the Department
without specific written consent, except medical and psychological, provided that
such client has signed the general consent statement on the Application for
Services.
(11) Disclosure of personal
and confidential information for research purposes shall be made only at the
discretion of the Department, if:
(A) the research
is directly connected with the vocational rehabilitation of disabled
individuals;
(B) the organization or
individual gives satisfactory written assurance that the information will be used
only for the purpose for which it is provided;
(C) the information provided will not be released
to persons not directly connected with the study under consideration;
(D) the final product of the research will not
reveal any information that would tend to identify any person without the written
consent of such person and the Department;
(E) the plan of the organization or individual for
maintaining confidentiality of the information provided is approved by the
Department prior to the initiation of the research project.
(b) The Department shall keep an
accounting of those disclosures so designated by the Information Practices Act of
1977.
1. Subsection
7286(a)(12) filed as an
emergency 6-9-80; effective upon filing (Register 80, No. 24). A Certificate of
Compliance must be transmitted to OAL within 120 days or emergency language will be
repealed on 10-7-80.
2. Subsection (a)(12) repealed by operation of
section
11346.1(g),
Government Code (Register 81, No. 47).
3. Renumbering of section
7286 to section
7143 filed 6-21-90; operative 7-21-90
(Register 90, No. 35).
4. Amendment of subsection (a) filed 5-2-91;
operative 6-1-91 (Register 91, No. 25).
5. Amendment of subsection (a)(9)
and NOTE, designation and amendment of subsection (a)(9)(A), and new subsections
(a)(9)(B)-(B)3 filed 7-6-94; operative 8-5-94 (Register 94, No. 27).
6.
Amendment of subsection (a)(9)(A) filed 7-27-2012 as an emergency; operative
7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section
19710,
this action is a deemed emergency and the emergency regulations are exempt from OAL
review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the
emergency action will be repealed by operation of law on the following
day.
7. Amendment of subsection (a)(9)(A) refiled 1-17-2013 as an
emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and
Institutions Code section
19710,
this action is a deemed emergency and the emergency regulations are exempt from OAL
review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or
emergency language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 1-17-2013 order, including
amendment of NOTE, transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment
operative 3-5-2013 pursuant to Government Code section
11343.4(b)(3)
(Register 2013, No. 10).
9. Amendment of subsections (a)(5), (a)(5)(B),
(a)(5)(D), (a)(8), (a)(9)(B) and (b) filed 5-31-2016; operative 7-1-2016 (Register
2016, No. 23).
10. Amendment filed 2-17-2023; operative 2-17-2023
pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 7).
Note: Authority cited: Sections
19006
and
19016,
Welfare and Institutions Code; and Section
1798.30, Civil Code.
Reference: Sections
1798.24 and
1798.25, Civil Code;
Sections
19000
and
19013,
Welfare and Institutions Code; and
34 CFR Sections
104.7,
104.51,
104.61,
361.19 and
361.38.
