Content Information
Regulations for the Rehabilitation Act of 1973, as amended (34 CFR § 361.38) (2002), require the Department to adopt and implement policies and procedures to safeguard the confidentiality of all personal information, including photographs and lists of names. All personal and identifiable information in the possession of the Department is to be used solely for a purpose directly related to the rehabilitation of the individual. The Department shall comply with Iowa Code § 125.37 (2014), Confidentiality of Alcohol and Drug Abuse Patient Records; Iowa Code Chapter 228 (2014), regarding the release of mental health information; and Iowa Code § 141A.9 (2002) with respect to the release of HIV/AIDS information.
When obtaining client information, the client shall be informed that all personal information given or made available to the Department in the course of administration of the IL Program will be held confidential. The use of personal and identifiable information and records is limited to purposes required for the proper and efficient administration of the program.
Information shall be obtained from service providers and cooperating agencies using a Release of Information (ROI) form, which the applicant or client signed. The purpose of the ROI Form is to specify information that needs to be obtained or released to administer the client’s IL Program. A copy of each ROI form sent is retained in the case file as a permanent record. Any information that providers send to the Department shall not be released without the applicant’s or client’s approval and permission from the provider that generated the information, except in response to an order, subpoena, or summons issued by a court or other judicial body. The applicant or client shall be informed that the release of personal information is voluntary, except when the information is required for eligibility determination or development of the client’s plan. If pertinent and necessary information is withheld, the client may be deemed failing to cooperate and this could lead to case closure. No disability-specific information is shared beyond that allowed by the ADA without a release of information from the applicant or client.
When an applicant or client requests to review the information in writing, it shall be made available for review by the applicant or client or his or her designated personal representative. The material shall be available for review in an accessible format. Medical, psychological, or other information that the Department determines might be harmful to the individual may not be reviewed directly by the individual, but must be provided through his or her chosen representative. 34. C.F.R. § 56(c) (2002).
Applicant and client information must be released in response to a court order or valid subpoena. The Department may release information in response to law enforcement when the request is part of a valid search warrant, which a magistrate signed. Information on drug and alcohol abuse, mental health, and HIV/AIDS information shall only be released in response to a court order.
The Department may release personally identifiable information in emergency situations, when doing so is necessary to protect the individual or others when the individual poses a threat to the client’s safety or the safety of others. Even though a written request is not required in these rare instances, all facts and circumstances must be recorded in the permanent record.
Information about any individual’s alcohol or drug abuse, mental health, or HIV/AIDS status shall not be released verbally or in writing without the written consent of the individual and permission of the vendor that generated the report. The signed release shall be in the file before any information is given to the requesting agent. These requirements apply even if the person seeking the information already has or knows the information, has official status, or has obtained a subpoena. The Department staff shall inform whoever makes the request that both federal and state law prohibits the release of such information without the specific written consent of the client or court order.
IL Program staff must always respond to a subpoena. If any member of the IL staff receives a subpoena, the IL Program Administrator shall immediately be notified. The Program Administrator shall immediately refer the matter to the Agency Director for appropriate responsive action. The Director of the Department or, in his or her absence, where applicable a Deputy Director, shall be the designated Privacy Officer for the agency.
When an applicant or client believes that information in his or her record of service is inaccurate or misleading, he or she may request that the Department amend the
information. If the information is not amended, the request for an amendment must be documented in the record of service.
An applicant’s or client’s case record should never contain a signed blank Release of Information (ROI) form, Public Relations Release form, or other similar forms without stating the purpose and applicable timeframes to execute the action. The client has the right to revoke the consent at any time either in writing or verbally and may designate an expiration date on the ROI form.
Case files shall not be removed from the office overnight. When it is necessary to take case files outside the office during work hours, the files must be in the ILR Teacher’s possession at all times, or in a locked briefcase, file, or vehicle trunk. This applies to any and all case information stored on any electronic device.