9.103.1
Confidential Information [Rev.
eff. 3/17/17]
All potentially eligible students and applicants (or their
authorized representatives) shall be informed about DVR's need to collect
personal information and the principal purposes for which DVR will use that
information. Any information secured by or made available to DVR and/or its
employees or representatives concerning referrals or recipients of the
vocational rehabilitation program is considered confidential. Use of such
information, current or stored, is limited to purposes directly connected to
the administration of the Vocational Rehabilitation Program as identified in
Sections 9.103.2 and 9.103.3 and is not to be otherwise disclosed, directly or
indirectly. Individuals shall be notified of the confidential nature of their
case records and the conditions for release of such information at the time of
application or program involvement for a potentially eligible student with a
disability.
9.103.2
Release to Recipients [Rev. eff. 3/17/17]
Information acquired or maintained by the Division of
Vocational Rehabilitation (DVR) will be available upon written request, for
inspecting and copying by a recipient or, as appropriate, the individual's
representative, in accordance with the Colorado Open Records Act (Section 24
72-201, et. seq., C.R.S.), unless release of such information is prohibited by
state or federal statutes, case law, or rules and regulations.
Medical, psychological, or other information which the
counselor determines may be harmful to the individual shall not be released
directly to the individual, rather such information shall be provided through a
third party chosen by the individual. Any employee of DVR shall not disclose
the information listed below to the recipient and/or his or her authorized
representative:
A. Social Security
Administration (SSA) information except when requested by the Client Assistance
Program on behalf of the recipient;
B. Information from the U.S. Department of
Veterans Affairs;
C. Medical or
psychological information when the service provider states in writing that
disclosure to the individual is prohibited. Applicants and eligible individuals
requesting such information shall be referred to the originating source of the
information.
9.103.3
Release to Other Programs or Authorities [Rev. eff. 3/17/17]
A. Confidential information may be released
to other agencies or organizations when necessary for their program purposes
only after DVR receives informed written consent from the recipient of DVR
services or, if appropriate, the individual's representative, and under
assurances that the agency or organization shall manage the information in a
manner to safeguard its confidentiality in accordance with the confidentiality
regulations governing vocational rehabilitation programs.
B. Information may be released to other
programs or authorities without a recipient's written authorization when:
1. The information is directly connected with
the administration of the Vocational Rehabilitation Program used only by
persons officially connected with an audit or evaluation, and the final report
contains no identifying information;
2. Sharing of the information, including
pertinent medical and other data received from SSA, is necessary to establish
an individual's eligibility for rehabilitation services and/or for the
provision of such services under an Individualized Plan for Employment
(IPE);
3. The information is
required by federal law;
4. The
information is necessary to respond to an investigation in connection with law
enforcement, fraud, or abuse, unless expressly prohibited by Federal or State
laws or regulations, and in response to a judicial order;
5. The information is necessary in order to
protect the individual or others when the individual poses a threat to their
own safety or to the safety of others;
6. The information is requested by the Social
Security Administration (SSA); or,
7. The Director of the Division of Vocational
Rehabilitation approves release to an organization or individual engaged in
research.
Notes
7 CCR 1105-1-9.103
40
CR 04, February 25, 2017, effective
3/17/2017
41
CR 05, March 10, 2018, effective
3/30/2018
42
CR 03, February 10, 2019, effective
3/2/2019
42
CR 17, September 10, 2019, effective
9/30/2019
43
CR 02, January 25, 2020, effective
3/1/2020
45
CR 21, November 10, 2022, effective
11/30/2022
