§ 7143. Disclosures Without Written Consent.

(a) The applicant or client shall be informed at the initial interview of the following exceptions to the regulation that no disclosure shall be made without the written consent of the applicant or client. Any disclosure made under this part shall be strictly limited to the information necessary to carry out the purposes for which the information was released.

(1) Disclosure of information in the case record may be made between or among the staff members of the Department and its medical panel.

(2) Disclosure of information in the case record may be made in order to process payment to or from the client or to purchase goods and services for the client.

(3) Disclosure of information in the case record may be made to any federal or state auditor or reviewer who has authority under federal or state law to conduct an audit or review of the Department.

(4) Disclosure of information in the case record may be made to any official of the United States Department of Education, who has authority under law to review or inspect such case records.

(5) Disclosure of information in the case record may be made to the Social Security Administration, the Disability Evaluation Division of the California Department of Social Services (DSS), the Medi-Cal Division of the Department of Health Services (DHS), the Department of Mental Health (DMH), the Department of Developmental Services (DDS) and Regional Centers, the Department of Alcohol and Drug Programs (DADP), and the Employment Development Department (EDD). Information that can be released without client consent to these agencies is limited to the following:

(A) The status of the applicant/client including whether the client is in training.

(B) Information relating to the IWRP such as employment goal, training received, changes made to the plan, etc.

(C) The projected time in plan.

(D) Whether EDD, DHS, or DSS purchased services will be utilized in the implementation of the plan and the information, except medical information, necessary to obtain those services.

(E) The extent of client participation in the plan.

(F) The date of employment or on-the-job training.

(G) The date the case is closed or training is completed or ceases, and if it ceases prior to completion, the reasons therefore.

(6) Disclosure of information in the case record may be made to medical personnel, either private or governmental, when in the opinion of a member of the professional staff of the Department a medical emergency exists.

(7) Disclosure of information in the case record, except that which would disclose the results of any HIV test performed, may be made to protect the potential victim when, in the exercise of reasonable skill, knowledge and care, a member of the professional staff of the Department determines, based on reliable information, that an applicant or client poses a danger of violence to another person.

(8) Disclosure of information in the case record may be made to an employee of the Department, or a designated representative of an employee, when such employee has punitive action taken against him/her by the Department and such action is based, or partly based, on information in a case record. Such disclosure shall be conditioned on a written agreement to protect the information from unauthorized disclosure.

(9) Disclosure of written materials and other information may be made to either of the following:

(A) An impartial hearing officer when such disclosure is necessary for the resolution of an appeal as provided in Section 7354 of these regulations.

(B) An Equal Employment Opportunity Counselor or Investigator, or the Chief, Office of Civil Rights and Affirmative Action when the disclosure is necessary to accomplish any of the following:

1. Review a complaint for prima facie evidence of discrimination.

2. Resolve a complaint of alleged discrimination.

3. Conduct an investigation of a complaint of alleged discrimination.

(10) Disclosure of information in the case record may be made to a prospective employer of a client of the Department without specific written consent, except medical and psychological, provided that such client has signed the general consent statement on the Application for Services.

(11) Disclosure of personal and confidential information for research purposes shall be made only at the discretion of the Department's Chief, Statistics Section, if:

(A) the research is directly connected with the vocational rehabilitation of disabled individuals;

(B) the organization or individual gives satisfactory written assurance that the information will be used only for the purpose for which it is provided;

(C) the information provided will not be released to persons not directly connected with the study under consideration;

(D) the final product of the research will not reveal any information that would tend to identify any person without the written consent of such person and the Department;

(E) the plan of the organization or individual for maintaining confidentiality of the information provided is approved by the Department prior to the initiation of the research project.

(b) The Department shall keep an accounting of those disclosures so designated by the Information Privacy Act of 1977.

HISTORY

1. Subsection 7286(a)(12) filed as an emergency 6-9-80; effective upon filing (Register 80, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-7-80.

2. Subsection (a)(12) repealed by operation of section 11346.1(g), Government Code (Register 81, No. 47).

3. Renumbering of section 7286 to section 7143 filed 6-21-90; operative 7-21-90 (Register 90, No. 35).

4. Amendment of subsection (a) filed 5-2-91; operative 6-1-91 (Register 91, No. 25).

5. Amendment of subsection (a)(9) and Note, designation and amendment of subsection (a)(9)(A), and new subsections (a)(9)(B)-(B)3 filed 7-6-94; operative 8-5-94 (Register 94, No. 27).

6. Amendment of subsection (a)(9)(A) filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.

7. Amendment of subsection (a)(9)(A) refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 1-17-2013 order, including amendment of Note, transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code and Section 1798.30, Civil Code. Reference: Sections 1798.24 and 1798.25, Civil Code; Sections 19000, 19013 and 14113, Welfare and Institutions Code; and 34 CFR Sections 104.7, 104.51, 104.61, 361.19 and 361.38.