Current through Register Vol. 50, No. 9, September 20, 2024
A. General
Statement. All client information is confidential. All personal information in
the possession of the state agency shall be used only for purposes directly
connected with the administration of the program.
B. Notification to Clients. Individuals asked
to supply the agency with information concerning themselves shall be informed
of the agency's need to collect confidential information and the policies
governing its use, release, and access including:
1. the Consent to Release Case Record
Information Form contained in case files which must document that individuals
have been advised of the confidentiality of information pertinent to their
case;
2. the principal purpose for
which the agency intends to use or release the requested data;
3. whether individuals may refuse, or are
legally required to supply the requested data;
4. any known consequence arising from not
providing the requested information;
5. the identity of other agencies to which
information is routinely released.
C. Release of Confidential Information
1. The case file must contain documentation
concerning any information released with the individual's written consent.
Informed written consent is not needed for the release of personal records to
the following:
a. public assistance agencies
or programs from which the client has requested services or to which the client
is being referred for services under the circumstances for which the client's
consent may be presumed;
b. the
Louisiana Workforce Commission and military services of the United States
government;
c. doctors, hospitals,
clinics, centers for independent living, and rehabilitation centers providing
services to clients as authorized by Louisiana Rehabilitation
Services;
d. schools or training
centers, when LRS has authorized the service or is considering authorizing such
services, and the information is required for the client's success in the
program, for the safety of the client, or is otherwise in the client's best
interest.
2.
a. Confidential information will be released
to an organization or an individual engaged in research, audit, or evaluation
only for purposes directly connected with the administration of the state
program (including research for the development of new knowledge or techniques
which would be useful in the administration of the program).
b. Such information will be released only if
the organization or individual furnishes satisfactory assurance that:
i. the information will be used only for the
purpose for which it is provided;
ii. it will not be released to persons not
connected with the study under consideration; and
iii. the final product of the research will
not reveal any information that may serve to identify any person about whom
information has been obtained through the state agency without written consent
of such person and the state agency.
c. Information for research, audit, or
evaluation will be issued only on the approval of the director.
d. The client must be advised of these
conditions.
3. LRS may
also release personal information to protect the individual or others when the
individual poses a threat to his/her safety or to the safety of
others.
D. Client Access
to Data. When requested in writing by the involved individual or an authorized
representative, clients or applicants have the right to see and obtain in a
timely manner copies of any information that the agency maintains on them,
including information in their case files, except:
1. medical and/or psychological information,
when the service provider states in writing that disclosure to the individual
would be detrimental to the individual's physical or mental health;
2. medical, psychological, or other
information which the counselor determines harmful to the individual;
Note: Such information may not be released directly to the
individual, but must be released, with the individual's informed consent, to
the individual's representative, or a physician or a licensed or certified
psychologist.
3. personal
information that has been obtained from another agency or organization. Such
information may be released only by or under the conditions established by the
other agency or organization.
E. Informed Consent. Informed consent means
that the individual has signed an authorization to release information and such
authorization is as follows:
1. in a language
that the individual understands;
2.
dated;
3. specific as to the nature
of the information which may be released;
4. specifically designates the parties to
whom the information may be released;
5. specific as to the purpose(s) for which
the released information may be used;
6. specific as to the expiration date of the
informed consent which must not exceed one year.
F. Confidentiality-HIV Diagnosis. Each time
confidential information is released on applicants or clients who have been
diagnosed as HIV positive, a specific informed written consent form must be
obtained.
G. Court Orders, Warrants
and Subpoenas. Subpoenaed case records and depositions are to be handled in the
following manner:
1. with the written
informed consent of the client, after compliance with the waiver requirements
(signed informed consent of client or guardian), the subpoena will be honored
and/or the court will be given full cooperation;
2. without the written informed consent of
the client, when an employee is subpoenaed for a deposition or receives any
other request for information regarding a client, the employee will:
a. inform the regional manager or designee of
the request;
b. contact the
attorney, or other person making the request, and explain the confidentiality
of the case record information; and request that such attorney or other person
obtain a signed informed consent to release information from the client or
guardian;
c. inform the regional
manager or designee if the above steps do not resolve the situation. In this
case, the regional manager or designee will then turn the matter over to the
Louisiana Workforce Commission's legal counsel;
3. when an employee is subpoenaed to testify
in court or to present case record information in court concerning a client,
the employee is to do the following:
a.
notify the regional manager or designee;
b. honor the subpoena;
c. take subpoenaed case record or case
material to the place of the hearing at the time and date specified on the
subpoena;
d. if called upon to
testify or to present the case record information, inform the court of the
following:
i. that the case record
information or testimony is confidential information under the provisions of
the 1973 Rehabilitation Act and amendments;
ii. the subpoenaed case record information is
in agency possession;
iii. agency
personnel will testify and/or release the case record information only if
ordered to do so by the court.
AUTHORITY NOTE:
Promulgated in accordance with the Rehabilitation Act of 1973, as amended,
R.S.
49:664 Section 6B,
R.S.36:477(c),
R.S.
46:331-335, R.S. 1595.3 and
R.S.
39:1594(I).
