Wyo. Code R. 053-0023-4
Vocational Rehabilitation - General
Chapter 4: Case Management Records
Effective Date: 08/23/1994 to 08/10/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0023.4.08231994
Section 1. Case Record. DVR shall maintain for each applicant for, and recipient of, vocational rehabilitation services a case record which includes, to the extent pertinent, documentation that is stipulated in regulations of the Rehabilitation Act and its amendments. Case records will be destroyed three years after closure. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later.
(a) All clients, applicants or client representatives shall be informed of the Division's need to collect certain personal information and its policies governing its use and confidentiality.
(b) The VR counselor shall explain to each client or applicant whether the provision of personal information is mandatory or voluntary and the effects of not providing requested information to DVR.
(a) All client or applicant information acquired as a part of the rehabilitation process shall remain the property of the DVR and is strictly confidential.
(b) Client information shall only be used for purposes directly related to the administration of the vocational rehabilitation program. This information cannot be shared with anyone except Wyoming Division of Vocational Rehabilitation staff or other agencies with whom DVR has a written cooperative agreement, without the informed written consent of the client. Exceptions to this are when:
(i) it is required by Federal or State laws (in cases where Federal and State laws differ, Federal law will supersede);
(ii) it is in response to investigations in connection with law enforcement, fraud, or abuse except where expressly prohibited by Federal or State laws or regulations;
(iii) it is in response to a judicial order;
(iv) it is to be used as protection for the individual or others when the individual poses a threat to his or her safety or to the safety of others.
(a) Information which pertains to a client or applicant shall not be released unless the counselor has documented that there is informed written consent of client or applicant to do so.
This requires that the client or applicant has signed and dated a Release of Information form which:
(i) designates that DVR is authorized to release the information; (ii) specifically designates the parties to whom the information may be released; (iii) specifies the purpose for which the related information may be used; (iv) designates the specific information to be released; (v) identifies the expiration date of the informed consent, not to exceed one year's duration.
(b) An employee of the Wyoming Division of Vocational Rehabilitation shall testify in court or in an administrative hearing, release records for testimony, only with the informed written consent or authorization of the individual with disabilities, parent or guardian as applicable, or unless served with an appropriate subpoena, and/or if ordered to testify by a judge or hearing officer.
Section 5. Client Access to Information.
(a) Clients or applicants or, as appropriate, their representatives have the right to see and obtain copies of any information in their DVR case file except:
(i) medical or psychological information ascertained by the professional provider to be potentially harmful to the individual may not be released to the individual, but must be provided through his or her representative, a physician, or a licensed or certified psychologist.
(ii) information obtained from another organization, agency, or provider may be released only under the conditions established by the other agency, organization or provider.
Section 6. Informed Choice. Each individualized written rehabilitation program shall be designed to achieve an employment outcome. All eligible individuals will be active participants in the development of their rehabilitation program. Decisions will be made during the counseling interview. At that time, the eligible individual will be given the opportunity to suggest options and/or select among appropriate alternative goals, objectives, services and the methods used to provide or procure such services.