Mississippi Administrative Code › Title 32 - Rehabilitation And Disabilities › Part 10 - MDRS VOCATIONAL REHABILITATION PROGRAM POLICY MANUAL › Sec2 32-10-3-3 - Confidentiality › Section 32-10-3-3.6 - Confidentiality Statements Of Understanding

Current through June 25, 2024
1. OVR/OVRB/OBD has
				established reasonable fees to cover extraordinary costs of duplicating records
				or making extensive searches and has established policies and procedures
				governing access to records.
* If duplication of records is requested, by a client or a
				  client's personal representative, for that client's own use, no fees for
				  reproducing those records shall be charged, unless the volume of such requested
				  information is so extensive as to exceed 20 pages.
* The agency may then charge the requesting party a fee of
				  $1.00 (one dollar) for each page in excess of 20 pages for the
				  information.
* Payment should be requested in the form of check or money
				  order, payable to the "Mississippi Department of Rehabilitation Services." When
				  funds are collected, a receipt will be issued to the purchaser. A duplicate
				  receipt will be forwarded to the State Office along with the check or money
				  order.
* State or federal agencies providing services in direct
				  correlation to a client's rehabilitation program, or any other agencies that
				  have an exchange of information agreement with OVR/OVRB/OBD will not be charged
				  a fee for records.
2. All
				confidential information acquired by the OVR/OVRB/OBD is the property of MDRS
				and shall remain so.
3. When
				OVR/OVRB/OBD makes a disclosure to any person or entity other than the client,
				the following or similar statement shall accompany the disclosure:
NOTICE
THIS IS CONFIDENTIAL INFORMATION FROM THE RECORDS OF THE
				  MISSISSIPPI DEPARTMENT OF REHABILITATION SERVICES. STATE AND FEDERAL LAW AND
				  REGULATIONS PROHIBIT YOU FROM MAKING ANY FURTHER DISCLOSURE OF THIS INFORMATION
				  WITHOUT THE INFORMED WRITTEN CONSENT OF THE CLIENT TO
WHOM THIS INFORMATION PERTAINS. ANY SUCH FURTHER DISCLOSURE
				  COULD RESULT IN CIVIL OR CRIMINAL LIABILITY.
4. All applicants, clients, or client
				representatives are to be informed of the confidentiality of records. Release
				of such information must be by written consent of the client or authorized
				representative and must include:
* Name of the client;
* Designation of the parties to whom the information may be
				  released;
* Specifics of the information to be released;
* Specific purposes for which the released information may be
				  used;
* Designation of the agency person authorized to disclose the
				  information;
* Dates of initiation and termination of consent; and
* Signature of the client and/or client
				  representative.
* When confidential information is released, Form MDRS-010,
				  "Disclosure of MDRS Client Records and Personally Identifiable Information"
				  must be completed and placed in the case file.
5. In the direct course of providing VR
				services, an employee may disclose confidential information to other
				OVR/OVRB/OBD employees who have a legitimate need for the information without
				the prior consent of the client. In addition, OVR/OVRB/OBD may share
				confidential information on a need-to-know basis with trainees, interns, and
				volunteers who shall be bound by OVR/OVRB/OBD rules concerning confidentiality
				in the same manner as other employees
6. If an employee of OVR/OVRB/OBD is
				subpoenaed for appearance in court, by law the employee must appear at the time
				and place indicated in the subpoena. Unless specific records are subpoenaed, no
				files or records should be taken into the courtroom.
When a client is involved in litigation or in an
				  administrative proceeding and a subpoena for the production of only the
				  client's records is received by OVR/OVRB/OBD, the employee receiving it shall
				  do as follows:
* Contact his/her immediate supervisor for assistance; the
				  supervisor will inform the agency's attorney and,
* The subpoenaed employee shall follow the appropriate
				  procedures as directed.
7.
				Information in case records received from, or developed for, the Social
				Security Administration shall be controlled by the regulations governing
				confidentiality established by the Social Security Administration.
Please note, under federal law, a Member of Congress has a
				  right to receive this information upon request. Congressional inquiries shall
				  be forwarded to the Office of the Executive Director.
8. If information is requested concerning a
				deceased client, OVR/OVRB shall release such information only to the executor
				of a probated will or the administrator of the estate upon written proof of
				such status by the court. No other heirs or family members shall be given any
				information without a court order.