Code of Maryland Regulations (Last Updated: April 6, 2021) |
Title 13A. Maryland State Board of Education |
Subtitle 11. PROGRAMS FOR ADULTS WITH DISABILITIES |
Chapter 13A.11.06. Records of Services |
Sec. 13a.11.06.11. Circumstances Under Which Written Consent Is Not Required to Disclose Personal Information
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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) 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) To an employee of Disability Determination Services and concerns an individual served by both the Division and its component, Disability Determination Services;
(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) Subject to Regulation .13 of this chapter, to comply with a judicial order or lawfully issued subpoena;
(5) Subject to Regulation .14 of this chapter, in connection with an audit, evaluation, or research;
(6) To a third-party resource who initiated the referral for the service and who is responsible for payment;
(7) In response to a law enforcement, fraud, or abuse investigation, unless expressly prohibited by federal or State laws or regulations;
(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) Required by State or federal law or regulation.
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.