N.J. Admin. Code § 12:45-1.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:45-1.15 - Protection; use and release of personal information

(a) All personal information in the possession of the Division shall be used only for purposes directly connected with the administration of the vocational rehabilitation program. Information containing identifiable personal information may not be shared with advisory or other bodies which do not have official responsibility for administration of the program. In the administration of the program, the Division may obtain personal information from service providers and cooperating agencies under assurances that the information may not be further divulged, except as provided under (d), (e), and (f) below.

(b) The Division shall inform through appropriate modes of communication each applicant, client, representative of an applicant or client, and, as appropriate, service provider, cooperating agency, and interested person of the confidentiality of personal information and the conditions for accessing and releasing this information.

(c) The Division shall provide individuals who are unable to communicate in English or who rely on special modes of communication with explanations about State policies and procedures affecting personal information through methods that can be adequately understood by them.

(d) The requirements for the release of information to an involved individual are set forth below. Involved individual means an individual for whom the Division has a case record (see N.J.A.C. 12:45-1.1 0).

1. When requested in writing by the involved individual or his or her representative, the Division shall make all information in the case record accessible to the individual or release it to him or her or a representative in a timely manner. Medical, psychological, or other information which the State unit believes may be harmful to the individual may not be released directly to the individual but shall be provided 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 shall be released to the court-appointed representative.

2. When 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.

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

(e) The requirements for release of information for audit, evaluation, and research are as follows:

1. 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 which would significantly improve the quality of life for individuals with disabilities, and only if the organization, agency, or individual assures that:

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

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

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

iv. The information will be managed to safeguard confidentiality; and

v. The final product will not reveal any personal identifying information without the informed written consent of the involved individual, or his or her representative.

(f) The requirements for release of information to other programs or authorities is as follows:

1. Upon receiving the informed written consent of the individual, the Division may release to another agency or organization for its program purposes only that personal information which may be released to the involved individual, and only to the extent that the other agency or organization demonstrates that the information requested is necessary for its program. Medical or psychological information which the Division believes may be harmful to the individual may be released when the other agency or organization assures the State unit that the information will be used only for the purposes for which it is being provided and will not be further released to the involved individual;

2. The Division shall release personal information if required by Federal or State law;

3. The Division shall release personal information to the Social Security Administration, in conjunction with the individual's application for benefits or re-examination for continued entitlement to Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits;

4. The Division shall release personal information to public assistance agencies, in conjunction with the individual's application for benefits or re-examination for continued entitlement to benefits;

5. The Division shall release personal information 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 judicial order;

6. As a partner in the local One-Stop system, the Division may release personal data to other workforce development partners in conjunction with the development of the individual plan for employment (IPE) and/or for core access to services of the One-Stop System. In all other respects, the shared information shall remain confidential; and

7. The Division may also release personal information in a medical emergency or in order to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others (except where expressly prohibited by Federal or State laws or regulations).

N.J. Admin. Code § 12:45-1.15

Recodified from N.J.A.C. 12:45-1.16 by R.1999 d.284, effective 8/16/1999.
See: 31 New Jersey Register 1144(a), 31 New Jersey Register 2387(a).
Former N.J.A.C. 12:45-1.15, Participation by clients in the cost of vocational rehabilitation services, recodified to N.J.A.C. 12:45-1.14.
Amended by R.2002 d.47, effective 2/4/2002.
See: 33 New Jersey Register 3883(b), 33 New Jersey Register 4309(a), 34 New Jersey Register 774(a).
In (f), inserted new 3 and 4 and recodified former 3 and 4 as 5 and 6.
Amended by R.2004 d.93, effective 3/1/2004.
See: 35 New Jersey Register 4442(a), 36 New Jersey Register 1195(a).
In (f), inserted a new 6 and recodified former 6 as 7.