2.3 Release of Information to Applicants and Recipients of Services

Most information acquired or maintained by DVR shall be available upon request, in writing, for inspecting and copying by applicants and recipients of services, or by their authorized agents or representatives. Upon receiving the individual’s informed written consent or, if appropriate, that of the individual’s authorized representative, DVR may release personal information to another agency or organization. Release of such information shall not be available in the following instances:

● Medical, psychological, or other information that the DVR Counselor determines may be harmful to the individual may not be released directly to the individual, but shall be provided to the individual 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. If there is a court-appointed representative, the information shall be released to them.

● If 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.

An individual who believes that information in their service record is inaccurate may request, in writing, that it be amended. If the information is not amended, the record shall document the request for the amendment and identify the information that the individual considers to be incorrect.

DVR staff are expected to apply professional judgment in decision making about the appropriateness of releasing records to the individual. Examples of information that can be released directly to individuals include, but are not limited to:

● DVR determinations and case notes.

● Evaluations and progress reports initiated and purchased by DVR unless otherwise indicated to not re-release.

● Other case correspondence and documentation that is deemed to be beneficial to the individual’s progress toward competitive integrated employment.

In considering whether medical, psychological, or other information may be harmful to the individual, the DVR Counselor shall consider the unique circumstances of the individual and the content of the records in question. For example, it may not be appropriate to release records detailing traumatic events in the individual’s history if the individual is experiencing severe Post-Traumatic Stress Disorder in connection with those events, while other aspects of the record such as general diagnostic and treatment information may pose little risk of harm to the individual.