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.
