HAR §17-401.1-35
HAR §17-401.1-35. information
Cite as Haw. Code R. § 17-401.1-35
(1)
An explanation of the division’s policies
and procedures affecting personal
information shall be provided to each
individual in that individual’s native
language, or through the appropriate mode of
communication.
(2)
Any and all records given or made available
to the division, including all communication
which identifies any applicant or eligible
individual who has a human immunodeficiency
virus (HIV) infection, AIDS related complex
(ARC), or acquired immune deficiency
syndrome (AIDS), shall be protected and, as
appropriate, kept in a separate part of the
division’s record of services for the
individual, apart from other confidential
information, and shall not be released or
made public upon subpoena or any other
method of discovery except in accordance
with chapter 325, part VI, Hawaii Revised
Statutes.
(d)
The division shall safeguard the
confidentiality of all current or stored personal
information including photographs and lists of names
of applicants or eligible individuals, given or made
available to the division, its representatives, or its
employees, in the course of the administration of the
VR program.
(1)
All records shall be kept in confidential
folders and filed in secured equipment or
rooms of the division.
(2)
All personal information in the possession
of the division shall be used only for
purposes directly connected with the
administration of the VR program.
Identifiable personal information shall not
be shared with advisory or other bodies that
do not have official responsibility for
administration of the program.
(3)
Personal information may be obtained from
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§17-401.1-35
service providers and cooperating agencies
under assurances that the information may
not be further divulged in the
administration of the program, except as
provided under subsections (e) through (h).
(e)
Confidential records shall be open to
inspection in the division’s offices only under the
following conditions:
(1)
By authorized division employees and those
of the United States government, Federal
Department of Education, in connection with
their official duties in the administration
of the VR and related programs;
(2)
By personnel of a rehabilitation agency
approved by the division when inspection of
the record is for the sole purpose of
providing related rehabilitation services
and the agency and personnel are subject to
standards of confidentiality comparable to
those of the division; and
(3)
By an outside source, when a written waiver
specifically consenting to have the record
reviewed has been obtained from the
applicant or eligible individual or, as
appropriate, the individual’s
representative.
(f)
Confidential information may be released to
applicants and eligible individuals under the
following conditions:
(1)
Except as provided in paragraphs (2) and
(3), if requested in writing by an applicant
or eligible individual, the division shall
make all requested information in the
division’s record of services for that
individual, accessible to and shall release
a copy of the requested information to the
individual or individual’s representative
within ten working days following the date
of request. The ten-day period may be
extended for an additional twenty days if
the division provides to the individual,
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§17-401.1-35
within the initial ten working days, a
written explanation of unusual circumstances
causing the delay.
(2)
Medical, psychological, or other information
that the division determines may be harmful
to the individual may not be released
directly to the individual, but must 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, unless a representative
has been appointed by a court to represent
the individual, in which case the
information must be released to the court-
appointed representative.
(3)
If personal information has been obtained
from another agency or organization, copies
may be released only by, or under the
conditions established by, the other agency
or organization.
(4)
An applicant or eligible individual who
believes that information in the
individual’s record of services is
inaccurate or misleading may request in
writing that the division amend the
information. If the information is not
amended, the request for an amendment must
be documented in the record of services.
(A)
Within twenty business days after
receipt of a written request from an
applicant or eligible individual or, as
appropriate, the individual’s
representative, to correct or amend any
factual error, misrepresentation, or
misleading entry in the division’s
record of services for that individual,
the division shall acknowledge receipt
of the request and purported evidence
in writing and shall promptly:
(i)
Make the requested correction or
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§17-401.1-35
amendment; or
(ii)
Inform the individual in writing
of its refusal to correct or
amend the record, the reason for
the refusal, and of the
individual’s right to request
for a review of the decision in
accordance with section 17-
400.1-5.
(B)
Not later than thirty working days
after the receipt of a request for
review of the division’s refusal to
allow correction or amendment of
information in the division’s record of
services for the individual, the
division shall make a final
determination. If upon final
determination, the division refuses to
allow the correction or amendment of
the record, the division shall so state
in writing and:
(i)
Permit the individual, whenever
appropriate, to file in the
record a concise statement
setting forth the reasons for
the individual’s disagreement
with the division’s refusal to
make the correction or
amendment; and
(ii) Notify the individual or, as
appropriate, the individual’s
representative of the
individual’s right to bring
civil action against the
division in accordance with
section 92F-27, Hawaii Revised
Statutes.
(g) Copies of personal information may be
released to an organization, agency, or individual
engaged in audit, evaluation, or research only for
purposes directly connected with the administration of
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§17-401.1-35
the VR program, or for purposes that would
significantly improve the quality of life for
applicants and eligible individuals and only if the
organization, agency, or individual assures that the
following conditions will be met:
(1)
The information will be used only for the
purposes for which it is being provided;
(2)
The information will be released only to
persons officially connected with the audit,
evaluation, or research;
(3)
The information will not be released to the
involved individual;
(4)
The information will be managed in a manner
to safeguard confidentiality; and
(5)
The final product will not reveal any
personal identifying information without the
informed written consent of the involved
individual or the individual’s
representative.
(h)
The division may release information to
other programs or authorities under the following
conditions:
(1)
Upon receiving the informed written consent
of the individual or, if appropriate, the
individual’s representative, the division
may release personal information to another
agency or organization for its program
purposes only to the extent that the
information may be released to the involved
individual, and only to the extent that the
other agency or organization demonstrates
that the information requested is necessary
for its program.
(2)
Medical or psychological information that
the division determines may be harmful to
the individual may be released if the other
agency or organization assures the division
in writing that the information will be used
only for the purposes for which it is being
provided and will not be further released to
the individual.
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§17-401.1-36
(3)
The division shall release personal
information if required by Federal law or
regulations.
(4)
The division must release personal
information in response to investigations in
connection with law enforcement, fraud, or
abuse, unless expressly prohibited by
Federal or State laws or regulations, and in
response to an order issued by a judge,
magistrate, or other authorized judicial
officer.
(5)
The division also may release personal
information in order to protect the
individual or others if the individual poses
a threat to the individual’s own safety or
to the safety of others.
(6)
Information from, or the contents of the
division’s record of services for the
individual may be released upon the direct
order of a judge as part of a judicial
proceeding after the State attorney
general’s office has been notified and
consulted.
(7)
A fee shall be charged for reproducing any
information or record furnished to any
individual, agency, or organization under
this section, in accordance with section 92-
21, Hawaii Revised Statutes. All such fees
shall be paid in to the State director of
finance. [Eff AUG 13 2007
] (Auth: HRS
§§92-21, 92F-14, 92F-23, 346-10, 347-4, 348-
3, 348-6; 29 U.S.C. §§709, 721; 34 C.F.R.
§361.38) (Imp: HRS §§92-21, 92F-14, 92F-23,
346-10, 347-4, 348-3, 348-6; 29 U.S.C.
§§709, 721; 34 C.F.R. §361.38)
§17-401.1-36 Requirements for successful
closures. (a) The record of services of an
individual who has achieved an employment outcome may
be closed only if all of the following requirements
are met:
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§17-401.1-36
(1)
The individual has achieved the employment
outcome that is described in the
individual’s IPE in accordance with section
17-401.1-11(a)(1) and is consistent with the
individual’s strengths, resources,
priorities, concerns, abilities,
capabilities, interests, and informed
choice.
(2)
The individual has maintained the employment
outcome for an appropriate period of time,
but not less than ninety days, necessary to
ensure the stability of the employment
outcome, and the individual no longer needs
VR services.
(3)
At the end of the appropriate period of time
necessary to ensure stability of the
employment, the individual and the qualified
VR counselor employed by the division
consider the employment outcome to be
satisfactory and agree that the individual
is performing well in the employment.
(4)
The individual is informed through
appropriate modes of communication of the
availability of post-employment services.
[Eff AUG 13 2007
] (Auth: HRS §§347-4, 348-3,
348-6; 29 U.S.C. §§721, 726; 34 C.F.R. §361.56)
(Imp: HRS §§347-4, 348-3, 348-6; 29 U.S.C.
§§721, 726; 34 C.F.R. §361.56)