California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 3 - Department of Rehabilitation › Chapter 2 - Referral and Application Processes; Order of Selection; Eligibility; Record of Services; Individualized Plan for Employment (IPE) › Article 6 - Confidentiality › Section 7143 - Disclosures Without Written Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  individual shall be informed of the following exceptions to the regulation that no
				  disclosure shall be made without the written consent of the individual. Any
				  disclosure made under this part shall be strictly limited to the information
				  necessary to carry out the purposes for which the information was released.
(1) Disclosure of information in the case record
				  may be made between or among the staff members of the Department and its medical
				  panel.
(2) Disclosure of information in
				  the case record may be made in order to process payment to or from the individual or
				  to purchase goods and services for the individual.
(3) Disclosure of information in the case record
				  may be made to any federal or state auditor or reviewer who has authority under
				  federal or state law to conduct an audit or review of the Department.
(4) Disclosure of information in the case record
				  may be made to any official of the United States Department of Education, who has
				  authority under law to review or inspect such case records.
(5) Disclosure of information in the case record
				  may be made to the Social Security Administration, the Disability Evaluation
				  Division of the California Department of Social Services (DSS), the Department of
				  Health Care Services (DHCS), the Department of Public Health (CDPH), the Department
				  of State Hospitals (DSH), the Department of Developmental Services (DDS) and
				  Regional Centers, and the Employment Development Department (EDD). Information that
				  can be released without individual consent to these agencies is limited to the
				  following:
(A) The status of the individual
				  including whether they are in training.
(B) Information relating to the IPE such as
				  employment goal, training received, changes made to the plan, etc.
(C) The projected time in plan.
(D) Whether EDD, DSS, or California Department of
				  Education (CDE) purchased services will be utilized in the implementation of the
				  plan and the information, except medical information, necessary to obtain those
				  services.
(E) The extent of client
				  participation in the plan.
(F) The date
				  of employment or on-the-job training.
(G) The date the case is closed or training is
				  completed or ceases, and if it ceases prior to completion, the reasons
				  therefore.
(6) Disclosure of
				  information in the case record may be made to medical personnel, either private or
				  governmental, when in the opinion of a member of the professional staff of the
				  Department a medical emergency exists.
(7) Disclosure of information in the case record,
				  except that which would disclose the results of any HIV test performed, may be made
				  to protect the potential victim when, in the exercise of reasonable skill, knowledge
				  and care, a member of the professional staff of the Department determines, based on
				  reliable information, that an individual poses a danger of violence to another
				  person, or themselves.
(8) Disclosure of
				  information in the case record may be made to an employee of the Department, or a
				  designated representative of an employee, when such employee has punitive action
				  taken against him or her by the Department and such action is based, or partly
				  based, on information in a case record. Such disclosure shall be conditioned on a
				  written agreement to protect the information from unauthorized disclosure.
(9) Disclosure of written materials and other
				  information may be made to either of the following:
(A) An impartial hearing officer when such
				  disclosure is necessary for the resolution of an appeal as provided in Section
				  7354 of these regulations.
(B) An Equal Employment Opportunity Counselor or
				  Investigator, or the Chief, Office of Civil Rights when the disclosure is necessary
				  to accomplish any of the following:
1. Review a
				  complaint for prima facie evidence of discrimination.
2. Resolve a complaint of alleged
				  discrimination.
3. Conduct an
				  investigation of a complaint of alleged discrimination.
(10) Disclosure of information in the
				  case record may be made to a prospective employer of a individual of the Department
				  without specific written consent, except medical and psychological, provided that
				  such client has signed the general consent statement on the Application for
				  Services.
(11) Disclosure of personal
				  and confidential information for research purposes shall be made only at the
				  discretion of the Department, if:
(A) the research
				  is directly connected with the vocational rehabilitation of disabled
				  individuals;
(B) the organization or
				  individual gives satisfactory written assurance that the information will be used
				  only for the purpose for which it is provided;
(C) the information provided will not be released
				  to persons not directly connected with the study under consideration;
(D) the final product of the research will not
				  reveal any information that would tend to identify any person without the written
				  consent of such person and the Department;
(E) the plan of the organization or individual for
				  maintaining confidentiality of the information provided is approved by the
				  Department prior to the initiation of the research project.