75-08-01-11. Release of information to the individual and others.

1. Upon informed written consent by the individual with disabilities or the individual's authorized representative, all information in the record of service must be made available to the individual with disabilities or the individual's authorized representative in a timely manner, except:

a. Medical, psychological, or other information the division believes may be harmful to the individual and that may not be released directly to the individual, and must be provided through the individual's authorized representative, physician, or licensed psychologist; and b. Information obtained from outside the division that may be released only under the conditions established by the outside agency, organization, or provider.

2. Upon informed written consent of the individual with disabilities or the individual's authorized representative, the division may release information that may be released under subsection 1 to the individual with disabilities to another agency or organization.

3. The division may release personal information, with or without consent of the individual: a. If required by state or federal law; b. In response to investigations connected with law enforcement, fraud, or abuse (except where expressly prohibited by federal or state laws or regulations); or c. In response to judicial order.

4. The division may release personal information, without informed written consent of the individual, in order to protect the individual or others when the information poses a threat to the individual's safety or the safety of others, except for human immunodeficiency virus test results that may not be released without informed written consent of the individual.

5. The division and social security disability determination services may exchange information, without the informed written consent of the individual.

History: Effective October 1, 1995; amended effective November 1, 2002; January 1, 2019.

Law Implemented: NDCC 50-06.1-02, 50-06.1-05