12- 150 C.M.R. ch. 101, § 2

Current through 2024-51, December 18, 2024

Section 150-101-2 - CONFIDENTIALITY

1.Informed Written Consent

All client/applicant information acquired by the VR program shall remain the property of DBVI and shall only be used and released for purposes directly connected with the administration of the VR program. Use and release of personal information acquired by DBVI VR shall conform with applicable state and federal regulations, including complying with performance accountability requirements under the Act, to include 29 U.S.C. § 726.

For purposes of this policy, informed written consent shall:

A. be in language that the individual or his/her representative understands;

B. be signed and dated by the individual or his/her representative;

C. be specific in designating DBVI 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 Visual Impairment or His/Her Representative

Upon informed written consent by the individual 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 DBVI 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 DBVI 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 visual impairment or his/her representative, DBVI may release to another agency or organization information that may be released to the individual but only to the extent that the other agency demonstrates that the information is necessary for its program.

A. DBVI must release personal information, with or without consent of the individual, if required by state or federal law; in response to investigations connected with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); or in response to an order issued by a judge, magistrate, or other authorized judicial officer.

B. DBVI 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 with visual impairment.

4.Release for Audit, Evaluation or Research

At the discretion of the Division 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 DBVI VR program, or for purposes which would significantly improve the quality of life for individuals with visual impairment, 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, or his/ her representative.

5.Subpoena for Release of Records or For Testimony

An employee shall not testify in court or in an administrative hearing, nor release records without the consent of the individual with visual impairment, unless served with an appropriate subpoena and ordered to do so by a judge or hearing officer.

12- 150 C.M.R. ch. 101, § 2