1. (a) All local provider programs, EI service providers, and other early intervention professionals must use the state-approved data system in its entirety to maintain timely, accurate, and complete electronic records for each child referred for early intervention.
2. (b) If a local provider program and, or, or both an EI service provider elects to maintain its own set of electronic records in addition to the electronic record maintained for each child in the state-approved data system, then the service provider must maintain electronic records and personally identifiable information in compliance with the requirements of Part C of the IDEA and all applicable state and federal laws and rules governing the protection of medical, social, personal, financial, and electronically stored records, including without limitation the Health Insurance Portability and Accountability Act (HIPAA), Privacy Act of 1974, and Family Educational Rights and Privacy Act (FERPA) of 1974.

3. (c)

   1. (1) A local provider program must provide access to, and at least one (1) copy of, a child’s electronic record to each of the following individuals within ten (10) calendar days upon request:

      1. (A) First Connections staff;
      2. (B) A parent; and
      3. (C) The authorized representative of a parent.
   2. (2) A local provider program must explain and interpret the contents of a child’s electronic record when requested by a parent.
   3. (3) Local provider programs and, or, or both EI service providers may not charge parents for copies of their child record, evaluation report or reports, etc., at any time for any reason.

   4. (4)

      1. (A) A parent has the right to request an amendment to the child’s electronic record when the parent believes that the electronic record is inaccurate, misleading, or violating the child’s privacy or other rights.
      2. (B) A local provider program and, or, or both EI service provider must respond to a parent’s child electronic record amendment request within ten (10) calendar days of receipt of the request.
      3. (C) If a parent’s child electronic record amendment request is denied, the local provider program must:

4. (i) Inform the parent of their right to include the parent’s statement of facts concerning the amendment request in the child electronic record; and

   1. (ii) Provide parental notice of the parent’s dispute resolution options outlined in the Child and Family Rights Guide to challenge the challenge the denial through First Connections dispute resolution procedures.
   2. (5) Local provider programs and individual EI service providers must participate in and respond to data verification and data inquiries from the First Connections data manager within thirty (30) calendar days of the date of the request.

Codification Notes: Part C of the Individuals with Disabilities Education Act (IDEA) is codified at 20 U.S.C. § 1431 et seq. The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is codified generally at 42 U.S.C. § 1320d et seq. The Family Educational Rights and Privacy Act (FERPA) is codified at 20 U.S.C. § 1232g. "EI" means early intervention.