(a) Clients or applicants or, as appropriate, their representatives have the right to see and obtain copies of any information that DVR maintains on them except: - (i) medical, psychological, or other information which the counselor believes may be potentially harmful to the individual shall be provided to a third party chosen by the applicant or eligible individual.
- (ii) authorized applicants or eligible individuals can request that misleading or inaccurate information in the individual's file be amended and have the request documented in the individuals file. If the information is not amended, the request for an amendment must be documented in the record of services (client file).
- (iii) case service files must be available for inspection by the applicant or eligible individual.
(b) Secondary Release of Information - (i) If personal information, including psychological information, has been obtained from another agency or organization and includes a statement requesting that the information not be released, it can only be released by that other agency or organization. Information bearing this request will not be released directly to clients or their designated representatives.
(c) Informed Written Consent: - (i) Information, which pertains to a client or applicant, shall not be released unless the counselor has documented that there is informed written consent of client or applicant to do so. This requires that the client or applicant has signed and dated a Release of Information form which:
- (A) designates the agency or person authorized to release the information;
- (B) specifically designates the parties to whom the information may be released;
- (C) specifies the purpose for which the related information may be used;
- (D) designates the specific information to be released; and
- (E) identifies the expiration date of the informed consent, not to exceed one year's duration.