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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-1. VOCATIONAL REHABILITATION SERVICES |
Section 29-118. USE AND CONFIDENTIALITY OF INDIVIDUAL INFORMATION
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118.1The Rehabilitation Services Administration shall keep records to document information about applicants and eligible individuals in the administration of vocational rehabilitation services division.
118.2All information regarding an applicant or eligible individual 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 privileged and confidential.
118.3The applicant or eligible individual has a right to privacy and shall be informed about the confidential nature of information acquired and the conditions governing inspection of records.
118.4All confidential records shall be kept an office(s) designated by the Rehabilitation Services Administration.
118.5The information shall be considered privileged 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 individual (or guardian or individual's representative), after the applicant or eligible individual has been informed of the right of choice over release of the information.
118.6Confidential 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 Administrator 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 individual or legal guardian or individual's representative.
118.7The use or disclosure of information concerning applicants and eligible individuals 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; and
(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.
118.8The Rehabilitation Services Administration shall secure the written and informed consent of the applicant or eligible individual or legal guardian or individual's representative as authorization for requesting information about the applicant or eligible individual from other agencies or individuals. Copies of signed consent forms shall be maintained in the record of services.
118.9When requested in writing by the applicant or eligible individual or their guardian or individual's representative, the Rehabilitation Services Administration shall make all information in the case record accessible to them in a timely manner.
118.10If the Rehabilitation Services Administration believes that medical, psychological, or other information that may be harmful to the individual, may not be released directly to the individual, the Rehabilitation Services Administration may provide such information through their guardian or individual's representative, a physician or a licensed or certified psychologist.
118.11An applicant or eligible individual who believes that information in the individual'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.