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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES,
VOCATIONAL REHABILITATION SERVICES

 

DIVISION 30

CONFIDENTIALITY OF CLIENT INFORMATION AND

RELEASE OF INFORMATION

582-030-0000

General Provisions

The purposes of this division are to:

(1) Implement policies and procedures for the protection, use and release of personal information about individuals applying for or receiving OVRS services, consistent with federal statutes and regulations for vocational rehabilitation;

(2) Implement the confidentiality statutes for vocational rehabilitation in ORS 344.530(1)(b) and 344.600; and

(3) Clarify how these regulations incorporate and supplement other applicable federal and state laws and regulations.

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0005

Definitions

The following definitions apply to each Rule in Division 30 unless otherwise indicated.

(1) "Administrator" means the Administrator of the Office of Vocational Rehabilitation Services.

(2) "Individual" means any person who has provided information to OVRS as part of his or her application process for OVRS services or subsequent to an application

(3) " Confidential Information" means any personally identifiable information acquired or developed by OVRS, its staff or its representatives or that identifies an individual as someone applying for or receiving services from OVRS.

(4) " Representative" means any person identified by the individual as being authorized to speak or act on behalf of the individual or to assist the individual in any matter pertaining to services of OVRS, unless a representative has been appointed by a court to represent the individual, in which case the court-appointed representative is the individual’s representative.

(5) "Cooperative Agreement" means a written agreement between OVRS and another agency or organization which includes terms protecting confidentiality of individual’s information in keeping with the statutory and regulatory requirements of all parties to the agreement.

(6) "Designee" means any officer or employee appointed by the Director of the Department of Human Services to respond to requests for reduction or waiver of fees for public records of the Department

(7) "Director" means the Director of the Department of Human Services.

(8) "HIPAA" refers to Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d et seq, and the federal regulations adopted to implement this Act.

(9) "HIV/AIDS Information" is any information covered by ORS 433.045(3) or that is likely to identify, directly or indirectly, that a client has been tested for the HIV virus or has HIV infection, antibodies to HIV, AIDS (Acquired Immunodeficiency Syndrome) or related infections or illnesses.

(10) "Informed Written Consent" means, after receiving a thorough explanation and understanding of the purposes, limitations, recipients, and specific information to be released, an individual or, if appropriate, individual's representative completes and signs a Department of Human Services Form 2098 (Authorization for Use and Disclosure of Non-Health Information) or DHS Form 2099 (Authorization for Use and Disclosure of Health Information), or the successors to these forms or other sufficient written authorization, releasing personal information from or to OVRS.

(11) "Parent or Guardian" means a person or persons having legal responsibility for the overall welfare and well-being of a individual under age 18 or an individual who, if over age 18, is adjudicated legally incompetent.

(12) "Parent Locator Service" means a service authorized by 42 USC 653 seeking information for the purpose of establishing parentage or establishing, setting, modifying or enforcing child support.

(13) "Person" includes any natural person, corporation, partnership, firm or association.

(14) "Photocopy(ing)" includes a photograph, microphotograph and any other reproduction on paper or film in any scale, or the process of reproducing, in the form of a photocopy, a public record.

(15) "Public Officer Privilege" means, as provided in ORS 40.270, a public officer shall not be examined as to public records determined to be exempt from disclosure under ORS 192.502(8) and (9).

(16) "Public Record" includes any writing that contains information relating to the conduct of the public's business that is prepared, owned, used or retained by the Department regardless of physical form or characteristics.

(17) "Requestor" means a person requesting inspection, copies, or other reproduction of a public record of the Department.

(18) "Subpoena" means a written order for a witness to appear and give testimony and/or deliver named material issued.

(19) "Substance Abuse Information" means any information regulated under 42 CFR 2.1 - 2.67.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f.& cert. ef. 3-12-04; VRS 1-2008, f. & cert. ef. 2-4-08; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0008

Billing Policy and Procedures

(1) An individual or an individual's representative and the Oregon Advocacy Center staff person representing that individual may request a copy of information from their files at no cost once every 12 months. If the individual requests another copy of the same information, written summary, or explanation more frequently than once every 12 months, then OVRS may impose a reasonable, cost-based fee.

(2) OVRS shall charge for the cost of making the record available to the extent permitted by OAR 407-003-0010.

(3) All moneys received shall be handled and recorded under approved state accounting procedures.

(4) If OVRS denies an initial verbal request for waiver or reduction of fees, the requestor will submit a written request. If OVRS subsequently denies the written request for a waiver or reduction of fees, the requestor may petition the Attorney General for a review of the denial pursuant to the provisions of ORS 192.440(5) and 192.450.

(5) At the option of the Branch office that processes the requested material, the Branch manager as the Director designee may waive assessment of a fee.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f.& cert. ef. 3-12-04; VRS 1-2008, f. & cert. ef. 2-4-08; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0010

Program Uses and Disclosures by OVRS

(1) All personally identifiable information regarding a individual that is obtained, generated by, or made available to OVRS, its representative or employees, shall be protected, held confidential, and is the property of OVRS and may only be used and disclosed as permitted by OAR chapter 582, division 30. Such information may not be used or disclosed in violation of any of the following laws where those laws are applicable:

(a) Oregon Administrative Rules, chapter 410, division 14, concerning Privacy of Protected Information for clients of the Department of Human Services and concerning the implementation of HIPAA;

(b) ORS 179.505 concerning written treatment records;

(c) Federal laws concerning substance abuse information as set out in 42 CFR part 2;

(d) State laws concerning HIV information as set out in ORS 433.045;

(e) State laws concerning DNA and genetic information as set out in ORS 192.537 and 192.539.

(2) Confidential information may be used and disclosed by OVRS for purposes directly connected with the administration of the vocational rehabilitation program unless prohibited by law. Except for purposes directly connected with the administration of vocational rehabilitation or as required by law, OVRS will not use or disclose any list of or names of, or any information concerning persons applying for or receiving vocational rehabilitation services. Permitted disclosures under ORS 344.600 and OAR 582-030-0010 shall include disclosures made with informed written consent of the client for the purpose of assisting the financial capacity of OVRS or the individual to pay for the rehabilitation of the individual.

(3) Except as directed by the individual under informed written consent, the individual’s information will not be disclosed outside OVRS unless:

(a) Required by federal or state law, including the exceptions to written consent requirements described in OAR 582-030-0040;

(b) Ordered by a judge, magistrate or other authorized judicial officer; or

(c) Authorized by these rules.

(4) Any information about a crime committed by any individual, or suspected abuse or neglect, or that poses a threat to the safety of the individual or others is not confidential except as provided by law.

(5) Identifiable personal information may not be shared with advisory or other bodies that do not have official responsibility for administration of the program, unless the individual gives written consent.

(6) Each affected individual shall be informed that discussion of work related information with potential employers, in connection with the job placement of an individual, is considered to be within the scope of the administration of the vocational rehabilitation program and such information may be used or disclosed to the extent allowed by law. Such information shall be limited to that which the counselor determines to be necessary to the placement process and directly related to the individual's abilities to perform, retain, or acquire the skills to perform, specific employment.

(7) Unless prohibited by law, individual information may be released to other agencies which have cooperative agreements with OVRS without the written consent of the individual only if providing such information has a bearing on administration of the OVRS program and/or the provision of OVRS services. At time of application and at other times that individual information is being collected, OVRS shall inform the individual about situations where information is routinely released and identify the involved agencies.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 22, f. & ef. 3-5-76; VRD 3-1981, f. & ef. 12-1-81; VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0020

Release of Information to Other Agencies, Organizations, Auth?orities or Individuals

(1) DHS Form 2098 Authorization for Use and Disclosure of Non-Health Information or Form 2099 Authorization for Use and Disclosure of Health Information, or the equivalent, shall be utilized to obtain client permission to release or obtain client information. Before the client or client’s representative signs this form it must be completed so as to indicate informed consent, involved parties and timelines for obtaining or releasing specified information. For a client who has been adjudicated legally incapacitated, the parent or legal guardian must also sign the form.

(2) Each page of any document, record, or report containing OVRS client information released to any other agency, organization or person shall be imprinted with a statement that reads:

CONFIDENTIAL

This information cannot be released to any other person, agency, or organization without the prior written approval of the Office of Vocational Rehabilitation Services.

(3) Release to other agencies or programs. Upon receiving the informed written consent of the individual, OVRS may release individual information to another agency or organization to assist with vocational rehabilitation services or administration -- including the financial capacity of OVRS or the individual to pay for the rehabilitation of the individual. OVRS may restrict disclosure of individual information believed to be harmful if released directly to an individual until OVRS secures written agreement from the requester that the information will be used only for the purposes authorized and will not be further released to the individual.

(4) Release for audit, evaluation, or research. OVRS may release confidential information 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 when OVRS is assured that:

(a) The information will be used only for the purposes authorized;

(b) The information will be released only to persons officially connected with the authorized activity;

(c) The information will not be released to the involved individual;

(d) The information will be managed in a manner to safeguard confidentiality; and

(e) The final product will not reveal the identity of any involved individual without his/her, or his/her representative's written consent.

[Publications: Publications referenced are available from the agency.]

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 22, f. & ef. 3-5-76; VRD 3-1981, f. & ef. 12-1-81; VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0025

Subpoenas

(1) The administrator of OVRS is the official custodian of all records for OVRS. Any subpoena for release of an OVRS records must be directed to the administrator of OVRS at OVRS central administration.

(2) A subpoena generated or authorized by an OVRS individual or individual's attorney to testify or release individual information is deemed to be an informed written consent from the individual, except as prohibited by law.

(3) Upon verification that an individual's attorney is authorized to issue the subpoena on behalf of the individual, OVRS employees may communicate with the individual's attorney within the scope of the request to the extent provided under OAR 582-030-0030.

(4) Without a valid written authorization from the individual or an order issued by a judge, magistrate or other authorized judicial officer, OVRS employees may not provide the individual information in response to a subpoena not generated by or authorized by an individual or his/her attorney.

(5) Any OVRS employee who appears in response to a subpoena not generated by or authorized by the individual or his/her attorney and without a valid written authorization must read the following statement at the start of the appearance instead of providing documents or testifying about an individual: "Confidentiality policy imposed by state law, including ORS 344.600, and federal regulation requires OVRS to invoke public officer privilege under ORS 40.270 — Evidence Rule 509, with respect to the release of client information or provision of testimony not requested or authorized by the client or the client's representative." If after making this statement to a judge, magistrate or other authorized judicial officer, the judge, magistrate or other judicial officer issues an order, the OVRS employee shall comply with the order, including providing any documents or testimony within the scope of the order.

Stat. Auth.: ORS 344.530
Stats. Implemented: ORS 344.530, 344.540(1) & 344.600
Hist.: VRS 3-2004, f. & cert. ef. 3-12-04; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0030

Release to Clients, Parents, Guardians and Legal Representatives

(1) Upon written request using DHS Form 2093, its equivalent, or its successor, the requested information from the OVRS case file shall be released to the individual or, as appropriate, the individual's representative, in a timely manner, with the following exceptions:

(a) Case file information obtained from another agency or organization, treatment records, and psychological evaluations may only be released under the conditions established by the treatment provider or source of the records or under the conditions established by agreement between OVRS and the treatment provider or source of the records.

(b) If an individual or (as appropriate) a parent, guardian, or other representative presents a written request to review medical or psychological reports from the individual's OVRS file and the counselor believes direct release of such information to any of the above persons may be harmful to the individual, the following procedures must be followed:

(A) The counselor will contact the practitioner(s) who wrote the report(s) to request an opinion as to whether the practitioner believes direct release of the information would be harmful to the individual; or, if a practitioner is unavailable;

(B) The counselor will obtain an opinion from the appropriate office medical or psychological consultant as to whether the consultant believes direct release of the information would be harmful to the individual; the consultant is to record his/her opinion on the Medical/Psychological Review Record in the medical jacket (R-114);

(C) If the practitioner or consultant states that direct release would not be harmful, the counselor will release the requested OVRS information directly to the individual or (as appropriate) to the individual's parent, guardian, or designated representative;

(D) If the practitioner or consultant states that direct release would be harmful, the counselor will request but not require the individual to designate an appropriate and qualified physician or psychologist of the individual's choosing for the purpose of reviewing and interpreting the contents of the report(s) to the individual. If the individual agrees, the counselor will schedule the appointment, mail copies of the report(s) to the practitioner, and if the individual so requests, execute an Authorization for Purchase to pay the practitioner for an office visit at the OVRS current approved rate of payment.

(E) Medical, psychological, or other information that OVRS determines may be harmful to the individual may not be released directly to the individual, but if release is allowed under these rules, must be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, a qualified medical or mental health professional, unless a representative has been appointed by court to represent the individual in which case the information must be released to the court-appointed representative.

(2) Informed written consent from the individual is required for the release of mental health or substance abuse information to a parent or guardian for any individual age 14 or over.

(3) Informed written consent from the individual is required for the release of general medical information to a parent or guardian for any individual age 15 or over.

(4) Informed written consent from the individual is required for the release of any information about sexually transmitted diseases or birth control to a parent or guardian for any individual regardless of age.

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 22, f. & ef. 3-5-76; VRD 3-1981, f. & ef. 12-1-81; VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0040

Exceptions to Written Consent Requirements

(1) Required Reporting and Response to Investigations:

(a) OVRS employees must report to the appropriate authorities abuse of individuals age 65 and over, ORS 124.060, under the age of 18, ORS 419B.010, individuals 18 age or over with developmental disabilities or mental illness, ORS 430.765, and residents of long-term care facilities, ORS 441.640;

(b) OVRS must release the individual’s information if required by federal law or in response to investigations in connection with law enforcement, fraud or abuse (unless expressly prohibited by federal or state laws or regulations, such as OAR 410-014-0020(2)(j) which identifies limits on disclosures of protected health information to law enforcement) or in response to an order issued by a judge, magistrate or other authorized judicial officer.

(2) Response to Child Support Enforcement. A person authorized under federal law may access information for the Federal Parent Locator Service under ORS 25.265.

(3) OVRS may release an individual’s information to protect the individual or others when the individual poses a threat to his or her safety or to the safety of others.

(4) For Deceased Persons:

(a) Vital Statistics. These rules do not restrict the disclosure of OVRS identifying information relating to the death of an individual under laws requiring the collection of such vital statistics or permitting inquiry into the cause of death;

(b) Consent by Personal Representative. Other requirements of these rules notwithstanding, if written consent to such disclosure is required, that consent may be given by an executor, administrator or other personal representative appointed under applicable state law. If there is no such appointment, consent may be given by the spouse or other responsible member of the individual's family.

(5) Participation in State Agency Information Exchange: OVRS will participate in the State Shared Information System (SIS) or Performance Reporting Information System (PRISM), and DHS information sharing to the extent allowed by and consistent with state and federal law and/or regulations. Where the individual’s authorization is required, OVRS may obtain informed written consent using forms specific to these information exchanges.

(6) OVRS may disclose the minimum information necessary for internal OVRS administrative purposes to the Department of Human Services; federal Rehabilitation Services Administration; or other state or federal agencies with regulatory authority over OVRS or administrative responsibilities necessary for OVRS services.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRD 4-1991, f. & cert. ef. 12-13-91; VRD 2-1993, f. & cert. ef. 9-15-93; VRS 3-2004, f. & cert. ef. 3-12-04; VRS 5-2004, f. & cert. ef. 8-5-04; VRS 1-2011(Temp), f. 2-15-11, cert. ef. 3-1-11 thru 8-28-11; VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

582-030-0050

The Individual’s Right to Amend Records

An individual who believes that information in the record of services is inaccurate or misleading may request that OVRS amend the information. OVRS is not required to amend the record of services. If OVRS does not amend the information, the participant may prepare an amending statement and request that OVRS insert the statement into the record of services.

Stat. Auth.: ORS 344.530 & 344.570
Stats. Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730
Hist.: VRS 2-2011, f. 8-12-11, cert. ef. 9-1-11

 

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