32 Miss. Code. R. 10-3-3.6

Current through December 10, 2024

Section 32-10-3-3.6 - Confidentiality Statements Of Understanding

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.

32 Miss. Code. R. 10-3-3.6

Adopted 8/1/2022