D.C. Mun. Regs. tit. 29, r. 29-118

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 29-118 - USE AND CONFIDENTIALITY OF INDIVIDUAL INFORMATION

118.1

The Rehabilitation Services Administration shall keep records to document information about applicants and eligible persons.

118.2

All information regarding an applicant or eligible person provided to or created by the Rehabilitation Services Administration, its representatives, or its employees, in the course of the administration of the vocational rehabilitation services division shall be confidential.

118.3

The applicant or eligible person has a right to privacy and shall be informed through appropriate modes of communication about the confidential nature of information acquired and the conditions governing inspection of records.

118.4

All consumer records shall be maintained in a confidential manner, and released only as consistent with applicable federal and District laws and regulations..

118.5

The information shall be considered confidential and the case record or information shall not be released in judicial or administrative proceedings, either voluntarily or as a result of any subpoena or judicial process, including requests from a government authority, the courts, law enforcement officials, or from any other outside source, with the following exceptions:

(a) Information or the contents of the record of services may be released upon the direct order of a judge as part of a judicial proceeding; or

(b) Information may be released with the specific written consent of the applicant or eligible person (or guardian or person's representative), after the applicant or eligible person has been informed of the right of choice over release of the information.

118.6

Confidential records shall be open to inspection in the Rehabilitation Services Administration's office only under the following conditions:

(a) By authorized Rehabilitation Services Administration employees and those of the United States government, Department of Education, in connection with their official duties in the administration of the vocational rehabilitation programs;

(b) By personnel of a rehabilitation agency approved by the State Director of the Rehabilitation Services Administration when inspection of the record is for the sole purpose of providing related rehabilitation services and the agency and personnel are subject to standards of confidentiality comparable to those of the Rehabilitation Services Administration; and

(c) By an outside source, when a written waiver specifically consenting to have the record reviewed has been obtained from the applicant or eligible person, legal guardian, or person's representative.

118.7

The use or disclosure of information concerning applicants and eligible persons shall be limited to purposes directly connected with the following:

(a) The administration of the vocational rehabilitation, supported employment, independent living, or other programs of the Rehabilitation Services Administration for the purpose of:

(1) Establishing eligibility;

(2) Determining the nature and scope of services; and

(3) Providing services.

(b) The investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the program, unless expressly prohibited by federal or District of Columbia laws, rules or regulations.

118.8

The Rehabilitation Services Administration shall secure the written and informed consent of the applicant or eligible person or legal guardian or person's representative as authorization for requesting information about the applicant or eligible person from other agencies or individuals. Copies of signed consent forms shall be maintained in the record of services.

118.9

When requested in writing by the applicant or eligible person, their legal guardian or representative, the Rehabilitation Services Administration shall make all information in the case record accessible to them in a timely manner.

118.10

If the Rehabilitation Services Administration believes that medical, psychological, or other information that may be harmful to the person, the information may not be released directly to the person, but must be provided to the person through a third party of the person's choice, which may include, among others, an advocate, a family member, or a qualified mental health professional, unless a representative has been appointed by a court to represent the person (such as a guardian), in which case the information must be released to the court-appointed representative.

118.11

An applicant or eligible person who believes that information in the person's record of services is inaccurate or misleading may request that the Rehabilitation Services Administration amend the information. If the information is not amended, the request for an amendment shall be documented in the record of services.

118.12

The Rehabilitation Services must release personal information when required to do so by federal law or regulation, including for purposes of complying with the performance accountability requirements under Section 116 of the Workforce Innovation and Opportunity Act and such disclosure may not require prior written consent of applicants, recipients of services, or their representatives.

118.13

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 vocational rehabilitation program or for purposes that would significantly improve the quality of life for applicants and recipients of services and only if, in accordance with a written agreement, 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 persons officially connected with the audit, evaluation, or research;

(c) The information will not be released to the involved person;

(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 person or the person's representative.

D.C. Mun. Regs. tit. 29, r. 29-118

Final Rulemaking published at 27 DCR 4611 (October 17, 1980); as amended by Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 57 DCR 4612 (May 28, 2010); Final Rulemaking published at 68 DCR 12929 (12/10/2021)

Authority: D.C. Official Code § 7-761.09 (2007 Supp.)