7 Colo. Code Regs. § 1105-1-9.103

Current through Register Vol. 47, No. 23, December 10, 2024

Section 7 CCR 1105-1-9.103 - PROTECTION, USE, AND RELEASE OF PERSONAL INFORMATION

9.103.1Confidential Information [Rev. eff. 3/17/17]

All potentially eligible students and applicants (or their authorized representatives) shall be informed about DVR's need to collect personal information and the principal purposes for which DVR will use that information. Any information secured by or made available to DVR and/or its employees or representatives concerning referrals or recipients of the vocational rehabilitation program is considered confidential. Use of such information, current or stored, is limited to purposes directly connected to the administration of the Vocational Rehabilitation Program as identified in Sections 9.103.2 and 9.103.3 and is not to be otherwise disclosed, directly or indirectly. Individuals shall be notified of the confidential nature of their case records and the conditions for release of such information at the time of application or program involvement for a potentially eligible student with a disability.

9.103.2Release to Recipients [Rev. eff. 3/17/17]

Information acquired or maintained by the Division of Vocational Rehabilitation (DVR) will be available upon written request, for inspecting and copying by a recipient or, as appropriate, the individual's representative, in accordance with the Colorado Open Records Act (Section 24 72-201, et. seq., C.R.S.), unless release of such information is prohibited by state or federal statutes, case law, or rules and regulations.

Medical, psychological, or other information which the counselor determines may be harmful to the individual shall not be released directly to the individual, rather such information shall be provided through a third party chosen by the individual. Any employee of DVR shall not disclose the information listed below to the recipient and/or his or her authorized representative:

A. Social Security Administration (SSA) information except when requested by the Client Assistance Program on behalf of the recipient;

B. Information from the U.S. Department of Veterans Affairs;

C. Medical or psychological information when the service provider states in writing that disclosure to the individual is prohibited. Applicants and eligible individuals requesting such information shall be referred to the originating source of the information.

9.103.3Release to Other Programs or Authorities [Rev. eff. 3/17/17]

A. Confidential information may be released to other agencies or organizations when necessary for their program purposes only after DVR receives informed written consent from the recipient of DVR services or, if appropriate, the individual's representative, and under assurances that the agency or organization shall manage the information in a manner to safeguard its confidentiality in accordance with the confidentiality regulations governing vocational rehabilitation programs.

B. Information may be released to other programs or authorities without a recipient's written authorization when:

1. The information is directly connected with the administration of the Vocational Rehabilitation Program used only by persons officially connected with an audit or evaluation, and the final report contains no identifying information;

2. Sharing of the information, including pertinent medical and other data received from SSA, is necessary to establish an individual's eligibility for rehabilitation services and/or for the provision of such services under an Individualized Plan for Employment (IPE);

3. The information is required by federal law;

4. The information is necessary to respond to an investigation in connection with law enforcement, fraud, or abuse, unless expressly prohibited by Federal or State laws or regulations, and in response to a judicial order;

5. The information is necessary in order to protect the individual or others when the individual poses a threat to their own safety or to the safety of others;

6. The information is requested by the Social Security Administration (SSA); or,

7. The Director of the Division of Vocational Rehabilitation approves release to an organization or individual engaged in research.

7 CCR 1105-1-9.103

40 CR 04, February 25, 2017, effective 3/17/2017

41 CR 05, March 10, 2018, effective 3/30/2018

42 CR 03, February 10, 2019, effective 3/2/2019

42 CR 17, September 10, 2019, effective 9/30/2019

43 CR 02, January 25, 2020, effective 3/1/2020

45 CR 21, November 10, 2022, effective 11/30/2022