32 Miss. Code. R. 21-3-3.0

Current through December 10, 2024

Section 32-21-3-3.0 - Confidentiality

MDRS hereby expresses written policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. These policies and procedures ensure that

1. Specific safeguards are established to protect current and stored personal information;

2. All applicants and eligible individuals and, as appropriate, those individuals' representatives, service providers, cooperating agencies, and interested persons are informed through appropriate modes of communication of the confidentiality of personal information and the conditions for accessing and releasing this information;

3. All applicants or their representatives are informed about MDRS' need to collect personal information and the policies governing its use, including-

a. Identification of the authority under which information is collected;

b. Explanation of the principal purposes for which MDRS intends to use or release the information;

c. Explanation of whether providing requested information to MDRS is mandatory or voluntary and the effects of not providing requested information;

d. Identification of those situations in which MDRS requires or does not require informed written consent of the individual before information may be released; and e. Identification of other agencies to which information is routinely released;

4. An explanation of State policies and procedures affecting personal information will be provided to each individual in that individual's native language or through the appropriate mode of communication; and

5. These policies and procedures provide no fewer protections for individuals than State laws and regulations.

State Program Use

All personal information in the possession of MDRS is used only for the purposes directly connected with the administration of the vocational rehabilitation program. Information containing identifiable personal information is not shared with advisory or other bodies that do not have official responsibility for administration of the program. In the administration of the program, MDRS may obtain personal information from service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided elsewhere in this section.

Release to Applicants and Eligible Individuals

1. Except as provided elsewhere in this section, if requested in writing by an applicant or eligible individual, MDRS makes all requested information in that individual's record of services accessible to and will release the information to the individual or the individual's representative in a timely manner.

2. Medical, psychological, or other information that MDRS determines may be harmful to the individual may not be released directly to the individual, but must be provided to the individual 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.

3. If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.

4. An applicant or eligible individual who believes that information in the individual's record of services is inaccurate or misleading may request that the designated Agency amend the information. If the information is not amended, the request for an amendment will be documented in the record of services.

Release for Audit, Evaluation, and Research

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 eligible individuals and only if the organization, agency, or individual assures that-

1. The information will be used only for the purposes for which it is being provided;

2. The information will be released only to persons officially connected with the audit, evaluation, or research;

3. The information will not be released to the involved individual;

4. The information will be managed in a manner to safeguard confidentiality; and

5. The final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative.

Release to Other Programs or Authorities

1. Upon receiving the informed written consent of the individual or, if appropriate, the individual's representative, MDRS may release personal information to another agency or organization for its program purposes only to the extent that the information may be released to the involved individual or the individual's representative and only to the extent that the other agency or organization demonstrates that the information requested is necessary for its program.

2. Medical or psychological information that MDRS determines may be harmful to the individual may be released if the other agency or organization assures MDRS that the information will be used only for the purpose for which it is being provided and will not be further released to the individual.

3. MDRS must release personal information if required by Federal law or regulations.

4. MDRS must release personal information in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by Federal or State laws or regulations, and in response to an order issued by a judge, magistrate, or other authorized judicial officer.

5. MDRS also may release personal information in order to protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.

MDRS 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. Should a request for information exceed twenty pages, the Agency employee processing the request shall institute common procedure for such requests by persons authorized to have access to this information by contacting the Office of Finance for the Agency and requesting a "fund number" for receipt of money collected to defray the cost of duplicating the requested records. The employee 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. There will be no charge to State or Federal agencies associated in providing services directed toward the client's rehabilitation program, or any other agencies that have an exchange of information agreement with this Agency.

32 Miss. Code. R. 21-3-3.0

Authority: Sections 12(c) and 101(a)(6)(A) of the Act; 29 U.S.C. 709(c) and 721(a)(6)(A)