New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED
Part 727 - Confidential Nature Of Records Of The Commission For The Visually Handicapped
Section 727.3 - Basis for disclosure of information
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 727.3
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Safeguards in disclosing information. Information shall be released to another agency or person only when the director of the commission for the visually handicapped or other persons furnishing such information have been assured that:
(1) the confidential character of the
information will be maintained;
(2)
the information will be used for the purposes for which it is made available,
such purposes to be reasonably related to the administration of the vocational
rehabilitation program and the functioning of the inquiring agency;
and
(3) the information will not be
used for commercial or political purposes.
(b) Disclosure of information. When the director of the commission for the visually handicapped or other persons authorized by him to disclose information feel that the provisions of subdivision (a) have been satisfied they may release the following information:
(1) Disclosure of medical information. The
medical information supplied directly by a physician, dentist or nurse, as well
as hospital or clinic reports shall be considered a confidential communication
and shall be released to another agency only with the specific consent of the
patient unless the patient is incompetent to give such consent.
(2) Disclosure of information released for
placement purposes. Information shall be released to employers in connection
with the placement of the client.
(3) Disclosure of information to agencies
from which the client has requested services. Information shall be released to
welfare agencies or programs from which the client has requested services under
circumstances where his consent may be presumed.
(4) Disclosure of information for research
purposes. Information shall be released to an organization or individual
engaged in research only for purposes directly connected with the
administration of the vocational rehabilitation program (including research for
the development of new knowledge or techniques which would be useful in the
administration of the program) and only if the organization or individual
furnishes satisfactory assurance that the information will be used only for the
purposes for which it is provided; that it will not be released to persons not
connected with the study under consideration; and that the final product of the
research will not reveal any information that may serve to identify any person
about whom information has been obtained without written consent of such person
and the director of the commission for the visually handicapped.
(5) Disclosure of information to applicants,
clients or persons acting on their behalf. The case records shall not
ordinarily be made available for examination by the applicant or client since
it contains information secured from outside sources. However, particular
extracts shall be furnished to them, or furnished to a person whom they
designate, when the provision of such information would be beneficial to them.
The case record, or any part of it, admitted as evidence in the hearing of an
appeal shall be open to the applicant, the client or their
representative.
(6) Disclosure of
information to Federal, State or local officials.
(i) Information may be disclosed to any
properly constituted authority. This includes a legislative body or committee
upon proper legislative order, an administrative board charged with
investigating or appraising the operation of programs and services for visually
handicapped persons, law enforcement officers, grand juries, probation and
parole officers and government auditors.
(ii) Information may be released to a
selective service board when such information is necessary in order that the
board may arrive at a valid determination regarding the visually handicapped
individual's suitability for induction into the armed services.
(7) Disclosure of information upon
subpoena by a court.
(i) When an applicant's
or client's case record is subpoenaed by a court the director of the commission
for the visually handicapped or a local rehabilitation agency acting on his
behalf shall immediately consult its legal counsel before producing any record
or revealing any information or giving any testimony.
(ii) In the event that the subpoena is for a
purpose not directly related to the administration of the vocational
rehabilitation program or the protection of such applicant or client, the
commission or local rehabilitation agency shall plead, in support of its
request to withhold information, that the Vocational Rehabilitation Act, the
Social Services Law and the regulations of the State Department of Social
Services prohibit disclosure of confidential information contained in case
records. The commission or local rehabilitation agency will be governed by the
final order of the court after this plea is made.
Disclaimer: These regulations may not be the most recent version. New York 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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