Current through Register Vol. 56, No. 18, September 16, 2024
(a) All personal
information in the possession of the Division shall be used only for purposes
directly connected with the administration of the vocational rehabilitation program.
Information containing identifiable personal information may not be shared with
advisory or other bodies which do not have official responsibility for
administration of the program. In the administration of the program, the Division
may obtain personal information from service providers and cooperating agencies
under assurances that the information may not be further divulged, except as
provided under (d), (e), and (f) below.
(b) The Division shall inform through appropriate
modes of communication each applicant, client, representative of an applicant or
client, and, as appropriate, service provider, cooperating agency, and interested
person of the confidentiality of personal information and the conditions for
accessing and releasing this information.
(c) The Division shall provide individuals who are
unable to communicate in English or who rely on special modes of communication with
explanations about State policies and procedures affecting personal information
through methods that can be adequately understood by them.
(d) The requirements for the release of
information to an involved individual are set forth below. Involved individual means
an individual for whom the Division has a case record (see
12:45-1.1 0).
1. When requested in writing by the involved
individual or his or her representative, the Division shall make all information in
the case record accessible to the individual or release it to him or her or a
representative in a timely manner. Medical, psychological, or other information
which the State unit believes may be harmful to the individual 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
shall be released to the court-appointed representative.
2. When 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.
3. An applicant or eligible individual who
believes the information in the individual's record of services is inaccurate or
misleading, may request that the Division amend the information. If the information
is not amended, the request for an amendment shall be documented in the record of
services.
(e) The
requirements for release of information for audit, evaluation, and research are as
follows:
1. 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 which would significantly improve the
quality of life for individuals with disabilities, and only if the organization,
agency, or individual assures that:
i. The
information will be used only for the purposes for which it is being
provided;
ii. The information will be
released only to persons officially connected with the audit, evaluation or
research;
iii. The information will not
be released to the involved individual;
iv. The information will be managed to safeguard
confidentiality; and
v. The final
product will not reveal any personal identifying information without the informed
written consent of the involved individual, or his or her representative.
(f) The requirements for
release of information to other programs or authorities is as follows:
1. Upon receiving the informed written consent of
the individual, the Division may release to another agency or organization for its
program purposes only that personal information which may be released to the
involved individual, and only to the extent that the other agency or organization
demonstrates that the information requested is necessary for its program. Medical or
psychological information which the Division believes may be harmful to the
individual may be released when the other agency or organization assures the State
unit that the information will be used only for the purposes for which it is being
provided and will not be further released to the involved individual;
2. The Division shall release personal information
if required by Federal or State law;
3.
The Division shall release personal information to the Social Security
Administration, in conjunction with the individual's application for benefits or
re-examination for continued entitlement to Social Security Disability (SSDI) or
Supplemental Security Income (SSI) benefits;
4. The Division shall release personal information
to public assistance agencies, in conjunction with the individual's application for
benefits or re-examination for continued entitlement to benefits;
5. The Division shall release personal information
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 judicial order;
6. As a
partner in the local One-Stop system, the Division may release personal data to
other workforce development partners in conjunction with the development of the
individual plan for employment (IPE) and/or for core access to services of the
One-Stop System. In all other respects, the shared information shall remain
confidential; and
7. The Division may
also release personal information in a medical emergency or in order to protect the
individual or others when the individual poses a threat to his or her safety or to
the safety of others (except where expressly prohibited by Federal or State laws or
regulations).
