1. A. The Division may disclose personal information without obtaining written consent from the applicant or eligible individual or the individual's representative when the disclosure is:

   1. (1) To agencies, organizations, or individuals with whom the Division has formal cooperative agreements or from whom the individual is requesting or receiving services connected with the individual's rehabilitation program, or both;
   2. (2) To an employee of Disability Determination Services and concerns an individual served by both the Division and its component, Disability Determination Services;
   3. (3) Subject to Regulation .12 of this chapter, in connection with an administrative or judicial proceeding to review an action of the Division affecting the individual;
   4. (4) Subject to Regulation .13 of this chapter, to comply with a judicial order or lawfully issued subpoena;
   5. (5) Subject to Regulation .14 of this chapter, in connection with an audit, evaluation, or research;
   6. (6) To a third-party resource who initiated the referral for the service and who is responsible for payment;
   7. (7) In response to a law enforcement, fraud, or abuse investigation, unless expressly prohibited by federal or State laws or regulations;
   8. (8) Necessary to protect an applicant or eligible individual or other persons when the applicant or eligible individual poses a threat to the applicant's or eligible individual's own safety or the safety of the other persons;
   9. (9) Required by State or federal law or regulation.
2. B. Except for disclosures made pursuant to §A(1) and (2) of this regulation, the Division shall maintain a record within the applicant's or eligible individual's record of services of each disclosure made without the written consent of the individual.

Authority: Education Article, §§21-304—21-306 and 21-308, Annotated Code of Maryland

Effective date: August 15, 1990 (17:13 Md. R. 1613)

Chapter revised effective August 7, 2000 (27:15 Md. R. 1402)

Regulation .16 amended effective October 1, 2001 (28:19 Md. R. 1687); January 21, 2013 (40:1 Md. R. 21)