Code of Maine Rules
12 - DEPARTMENT OF LABOR
152 - BUREAU OF REHABILITATION SERVICES
Chapter 1 - Division of Vocational Rehabilitation Services Rules
Section 152-1-2 - CONFIDENTIALITY

Universal Citation: 12 ME Code Rules ยง 152-1-2

Current through 2024-38, September 18, 2024

All client/applicant information acquired by Maine DVR shall remain the property of Maine DVR and shall only be used and released for purposes directly connected with the administration of the Division of Vocational Rehabilitation program. Use and release of personal information acquired by Maine DVR shall conform with applicable state and federal regulations, including complying with performance accountability requirement under the Act, including 29 U.S.C. § 726.

1. For purposes of this policy, informed written consent shall:

A. be in language that the individual or his/her representative understands;

B. be signed by the individual or his/her representative and dated;

C. be specific in designating Maine DVR as the agency or person authorized to disclose information;

D. be specific as to the nature of the information which may be released;

E. specifically designate the parties to whom the information may be released; and

F. be specific as to the purpose(s) for which the released information may be used.

2. Release to Individual with Disabilities or His/Her Representative

Upon informed written consent by the individual with disabilities or his/her representative, all information in the case record shall be made available in a timely manner, except:

A. medical, psychological or other information that Maine DVR believes may be harmful to the individual. This information may not be released directly to the individual, but shall be provided 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; and

B. information obtained from outside Maine DVR may be released only under the conditions established by the outside agency, organization or provider.

3. Release to Other Programs

Upon informed written consent of the individual with disabilities or his/her representative, Maine DVR may release to another agency or organization information that may be released to the individual with disabilities and only to the extent that the other agency demonstrates that the information is necessary for its program.

A. Maine DVR must release personal information, with or without consent of the individual, if required by State and Federal law, if in response to investigations in connection with law enforcement, fraud, or abuse (except where 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.

B. Maine DVR may release personal information without informed written consent of the individual in order to protect the individual or others when the individual poses a threat to his/her safety or the safety of others except for HIV test results which may not be released without informed written consent of the individual.

4. Release for Audit, Evaluation or Research

At the discretion of the DVR Director, 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 Division of Vocational Rehabilitation program, or for purposes which would significantly improve the quality of life for individuals with disabilities, and only if the organization, agency or individual assures that:

A. the information will be used only for the purposes for which it is being provided;

B. the information will be released only to individuals officially connected with the audit, evaluation or research;

C. the information will not be released to the involved individual;

D. the information will be managed in a manner to safeguard confidentiality; and

E. the final product will not reveal any personal identifying information without the informed written consent of the involved individual, and his/her representative.

5. Release of Records for Testimony

An employee shall not testify in court or in an administrative hearing; nor release records without the consent of the individual with disabilities unless ordered to do so by a judge, magistrate, or other authorized judicial officer.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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