12- 150 C.M.R. ch. 105, § 3

Current through 2024-44, October 30, 2024

Section 150-105-3 - CONFIDENTIALITY

1. Release of Information

All personal information acquired by the Program shall be used and released only for purposes directly connected with the administration of the Independent Living Program. Use and release of personal information acquired by the Program shall conform with applicable federal regulations and state laws. The Program shall release information only upon informed written consent of the individual.

For purposes of this policy, informed written consent shall mean a document that:

A. Is in language that the individual understands;

B. Is signed and dated;

C. Is specific in designating DBVI as the agency or person authorized to disclose information;

D. Is specific as to the nature of the information which may be disclosed;

E. Specifically designates the parties to whom the information may be disclosed; and

F. Is specific as to the purpose(s) for which the released information may be used.

2. Release of Information to Other Programs

Upon informed written consent of the blind or visually impaired individual or his/her personally or legally designated representative, the Program may release to another agency or organization information, but only to the extent that the other agency or organization demonstrates that the information is necessary for its program.

The Program must release personal information with or without consent of the blind or visually impaired individual if required by law; in response to investigations in connection with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); and in response to a judicial order.

3. Release for Audit, Evaluation or Research

At the discretion of the DBVI 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 Independent Living Rehabilitation Program, or for purposes which would significantly improve the quality of life for disabled persons, 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 persons officially connected with the audit evaluation or research;

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

D. The final product will not reveal any personal identifying information without the informed written consent of the involved individual or his/her personally or legally designated representative.

4. 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 unless served with an appropriate subpoena and ordered to do so by a judge or hearing officer.

12- 150 C.M.R. ch. 105, § 3