Illinois, Iowa, and Minnesota do not have rules regarding confidentiality. Michigan's rules on confidentiality are set forth at Mich. Admin. Code R 395.55. The rules require requests for information to be in writing, see Mich. Admin. Code R 395.55 (5), but do not specify any other requirements for those requests.
Illinois and Minnesota do not have rules on appeal procedures but have policies that allow a consumer to file an appeal within 60 days after a decision is made. Iowa rules include a 90-day deadline for filing an appeal. Iowa Admin. Code 281-56.22. Michigan rules require consumers to file an appeal within 30 days of the agency notice regarding the agency's determination or decision. Mich. Admin. Code R 395.88 (2).
Summary of factual data and analytical methodologies
Policy analysts and staff of the Department's Division of Vocational Rehabilitation's senior leadership team reviewed WIOA, federal regulations, state statutes, and consulted with the Wisconsin Rehabilitation Council. The data used by the Department to prepare this proposed rule and analysis comply with s. 227.14 (2m), Stats. Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The Statement of Scope for the rule was posted for 14 days to solicit comments on economic impact from the public and no comments were received.
Fiscal Estimate and Economic Impact Analysis
See attached.
Effect on small business
The proposed rule will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. Agency contact person
Questions related to this rule may be directed to:
Meredith Dressel, Deputy Administrator
Division of Vocational Rehabilitation
Department of Workforce Development
P.O. Box 7852
Madison, WI 53707
(608) 405-4615
Place where comments are to be submitted and deadline for submission
Mark Kunkel, Rules and Records Coordinator
Department of Workforce Development
P.O. Box 7946
Madison, WI 53707
(608) 267-7713
Comments will be accepted until a date to be determined.
Section 1. DWD 65.03 (5m) is amended to read:
DWD 65.03 (5m) “Consumer" means an individual certified determined by the department as eligible for vocational rehabilitation services.
Section 2. DWD 65.03 (10) and (16) are repealed.
Section 3. DWD 65.04 (3) is amended to read:
DWD 65.04 (3) Providing services under an order of selection. If an order of selection is imposed under sub. (1), the department shall provide services to consumers with the most significant disabilities and consumers who require specific services or equipment to maintain employment before serving consumers with less significant disabilities as prescribed under s. DWD 65.07. Section 4. DWD 65.06 is amended to read:
DWD 65.06 Prohibited practices. The department shall determine the relative position of an individual in the order of selection without regard to length duration of residency, type of disability, age, sex, race, color, creed, national origin, source of referral, expected employment outcome, type of service needs, costs of services, length of time needed to complete service or income level.
Section 5. DWD 65.08 (intro.) is amended to read:
DWD 65.08 (intro.) The department shall provide written notification to all consumers who may not receive services during a 12-month period from the effective date of due to an order of selection. The notice shall include all of the following:
Section 6. DWD 65.08 (3) is amended to read:
DWD 65.08 (3) Information on how to request a reevaluation of category placement based on new documentation information not previously considered during the evaluation process under s. DWD 65.07 (1). Section 7. DWD 65.09 is amended to read:
DWD 65.09 Request for review of category placement. A consumer may request a review of their category placement within an order of selection when new documentation information not previously considered during the evaluation process under s. DWD 65.07 (1) is available by submitting a written request to the department with a copy of the new documents upon request by the consumer or the consumer's designated representative. Section 8. DWD 65.11 is amended to read:
DWD 65.11 Appeal of assigned position under an order of selection. A consumer may appeal their category placement by submitting a request for a hearing to the department within 12 months 180 days of the date the order of selection of the notice was provided under s. DWD 65.08. Appeals are heard by impartial hearing officers under procedures established by the department in chapter DWD 75. A consumer may appeal the decision issued by an impartial hearing officer as prescribed under s. 227.53, Stats. Section 9. DWD 65.11 (Note) is repealed and recreated to read:
NOTE: To obtain a hearing request form, or for questions relating to filing a hearing request, contact the Hearing Coordinator, Division of Vocational Rehabilitation, P.O. Box 7852, Madison, Wisconsin 53707, telephone (800) 442-3477 or access the form online at http://dwd.wisconsin.gov/dvr/. Section 10. DWD 68.01 is amended to read:
DWD 68.01 Introduction. Pursuant to s. 47.02 (7), Stats., the purpose of this rule chapter is to insure that the confidentiality of client consumer records is maintained by the division of vocational rehabilitation and to allow access by a client consumer to his or her the consumer's case record. Section 11. DWD 68.02 (intro.), (1), (2), (3) and (4) are amended to read:
DWD 68.02 Definitions. In this rule, the term chapter:
(1) “Case record” or “record” means information, whether written or not, relating to a client consumer, received or acquired in connection with the performance of a vocational rehabilitation function;.
(2) “Client "Consumer identifying information” means the name, address, social security number, or similar information by which the identity of the client consumer can be determined with reasonable accuracy and speed, either directly, or by reference to other publicly available information;.
(3) “Client” "Consumer" means a person who has been referred to or has applied for, is currently receiving, or has received in the past, vocational rehabilitation services;.
(4) “Designated representative” means an attorney, physician, parent, guardian, or other adult designated in writing by a client consumer to represent his or her the consumer's interests;.
Section 12. DWD 68.02 (5) is amended to read:
DWD 68.02 (5) “In Except as provided in sub. (6), "in the administration of the vocational rehabilitation program” means any of the following:
(a) The direction and coordination of client consumer services within the division of vocational rehabilitation, including contracts with the division of vocational rehabilitation for purchased rehabilitation services that are part of the client’s consumer's rehabilitation program,
(b) The coordination of programs in the department of workforce development involving the vocational rehabilitation plan of a client, or consumer.
(c) The auditing, planning, or evaluation of vocational rehabilitation programs by lawfully authorized governmental agencies if the resulting report does not contain client consumer identifying information.
Section 13. DWD 68.03 is amended to read:
DWD 68.03 Applicability. The provisions of this rule chapter apply to a any person who has access to case record consumer information. The provisions apply both during and after his or her a person's employment or other relationship giving rise to the access.
Section 14. DWD 68.04 is amended to read:
DWD 68.04 Administration of this rule chapter. Release of information in general:
(1) No person, agency, or organization may disclose, directly or indirectly, any information from a client case record concerning a consumer except in the administration of the vocational rehabilitation program, or as authorized in this rule chapter, or with the informed written consent of the client consumer.
(2) The release of information from a case record concerning a consumer obtained from the records of a private or public agency or individual, is subject to the law applicable to or rules of the agency or individual concerning the release of the information. If no law or rule exists, the information is subject to the provisions of this rule chapter.
Section 15. DWD 68.05 (1) and (2) are amended to read:
DWD 68.05 Informed consent of clients consumers. An informed consent for disclosure of information to an individual, agency, or organization other than the client consumer or a designated representative must be in writing and must contain all of the following:
(1) The name of the person or organization to which the disclosure is to be made.
(2) The name of the client, consumer.
Section 16. DWD 68.05 (3) is repealed.
