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Release Of Information


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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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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