Section 110. Protection, use, and release of personal information

A. The DVH Independent Living Rehabilitation Services Program considers all personal information about prospective clients, current clients, and past clients as confidential information.

B. Individuals referred for independent living rehabilitation services will receive an explanation at intake of the confidentiality of personal information including:

1. The need for confidential information;

2. Conditions for accessing and releasing this information;

3. The authority under which confidential information is collected;

4. The principle purpose for which DVH will use or release the information;

5. Explanation of whether information the client is providing is mandatory or voluntary and the effects of not providing the information;

6. Identification of those situations where the agency does or does not require the client's written permission to release the information; and

7. Identification of agencies to which information is routinely released.

C. Explanation of policies and procedures affecting personal information will be made by appropriate media by DVH's independent living rehabilitation services to individuals who do not communicate in English or who rely on special modes of communication.

D. DVH's Independent Living Rehabilitation Program will use personal information only for purposes directly connected with the administration of the Independent Living Rehabilitation Services Program. Identifiable personal information will not be shared by DVH's independent living rehabilitation services with advisory or other bodies which do not have official responsibility for the administration of the program.

E. When requested in writing, DVH's Independent Living Rehabilitation Services will make all case information promptly available to the individual or his representative.

F. Personal information obtained by DVH's Independent Living Rehabilitation Services from other agencies or organizations will be released only by, or under conditions established by the other agency or organization.

G. DVH's Independent Living Rehabilitation Services will release personal information to an organization, agency, or individual for audit, evaluation, or research when such endeavors are directly connected with the administration of the Independent Living Rehabilitation Program, when it would significantly improve the quality of life for the visually handicapped individual, and when assurances are given that:

1. The information will be used only for the purpose for which it is being provided;

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

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

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

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

H. DVH's Independent Living Rehabilitation Services will release personal information to other agencies or organizations for program purposes only if they demonstrate that the information is necessary for their program and upon receipt of informed, written consent of the individual.

I. Medical or psychological information which is determined by a physician or psychologist to be harmful to the individual may be released when the other agency or organization assures DVH that the information will be used only for the purpose for which it is provided and that it will not be released to the involved individual.

J. DVH's Independent Living Rehabilitation Services will release any personal information required:

1. To fulfill federal law;

2. To fulfill court order or in response to a law-enforcement investigation of fraud or abuse (except where expressly prohibited by federal law); and

3. To protect the individual or others when the individual poses a threat to the safety of himself or others.

K. Upon the request of the secretary of education or his designee, the DVH's Independent Living Rehabilitation Program will release to the secretary or his designee a complete and certified copy of the case record including transcripts of the fair hearing decision for the purpose of the secretary's review of the final decision.

Historical Notes

Derived from VR670-03-4 § 6.2, eff. August 3, 1988; amended, Volume 06, Issue 11, eff. March 28, 1990.

Statutory Authority

§§ 51.5-23 and 51.5-65 of the Code of Virginia.