2.4 Release of Information to Other Programs or Authorities

DVR shall not release or disclose any personal information to other programs or authorities without the written consent of the recipient of services, or if appropriate, the individual’s authorized representative. Information released shall be limited to that which the program receiving the information has demonstrated is needed for the program’s purposes and only to the extent that information may be released to the individual involved or their authorized representative.

Medical or psychological information the DVR Counselor has determined may be harmful to the individual may be released to the other program or authority when necessary for the program’s purposes, but shall be marked by DVR “Not for Re-Release” to ensure no further disclosure of the information. 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.

Under no condition shall an individual or their authorized representative be asked to sign an incomplete form authorizing the release of personal information.

DVR shall always attempt to obtain a signed authorization for disclosure prior to releasing personal information; however, information may be released to other programs or authorities without the individual’s written authorization when:

● The information is directly connected with the administration of the vocational rehabilitation program used only by persons officially connected with an audit or evaluation, and the final report contains no identifying information.

● The information is necessary in order to protect the individual or others when the individual poses a threat to their own safety or to the safety of others.

● The DVR Director approves release to an organization or individual engaged in research in accordance with criteria established in federal regulation.

● The information is required by federal law.

● The information is necessary to respond to a request regarding law enforcement, fraud, or abuse (except where expressly prohibited by federal or state statute or regulation).

● In response to an order issued by a judge, magistrate, or other authorized judicial officer.

● The information is requested by the Social Security Administration.

Inquiries about DVR program participation (by phone, email, etc.) without a signed Authorization for Disclosure of Information form, unless permitted by previously stated policies, shall be declined.

Informed written consent shall be obtained prior to discussing skills, functional limitations, or the need for reasonable accommodations with an employer. The nature of a disability, or its severity, shall not be discussed with employers. 

Section 504 of the Rehabilitation Act and the Americans with Disabilities Act have implications regarding placement services and pre-employment inquiries by employers. Employers cannot ask whether a job applicant is a person with a disability and cannot ask about the nature or severity of the disability. They may inquire into an applicant’s ability to perform job-related tasks or functions or, if there is a known disability, ask the applicant to demonstrate or explain how, with or without reasonable accommodations, the individual will perform job-related functions. 

In placement efforts, DVR staff shall emphasize the individual’s skills to do the job. As the employer needs to know whether the individual has any functional limitations that will impact job tasks, DVR staff shall limit any discussion of disability to potential functional limitations that will impact the individual’s ability to perform the job tasks or functions identified. DVR staff will also identify reasonable accommodations that have been or could be provided, as appropriate.

When a DVR Counselor or other staff person receives a subpoena for records and/or testimony, a court order, or other directive of the court, the Assistant Director for Field Services, and the DVR Director shall be notified. 

The Assistant Director for Field Services shall contact the Office of the Attorney General (AG) for additional guidance and shall provide, in writing, direction to the DVR Counselor or other staff about how to proceed.