Section 16. DWD 68.05 (3) is repealed.
Section 17. DWD 68.05 (4) to (7) are amended to read:
DWD 68.05 (4) The specific type of information to be disclosed,.
(5) The time period during which the consent is effective,.
(6) The date on which the consent is signed, and.
(7) The signature of the client consumer or person legally authorized to give consent for the client consumer.
Section 18 DWD 68.05 (7) (Note) is created to read:
Section 19. DWD 68.06 (intro.), (1) and (2) are amended to read:
DWD 68.06 Notation of release of information. (intro) Each time information about a consumer is released from a case record pursuant to the consumer's informed consent under s. DWD 68.05, a notation must be made in the consumer's record that includes all of the following: (1) The name of the person or organization to whom the information was released,.
(2) The identification of the information released,.
Section 20. DWD 68.06 (3) is repealed.
Section 21. DWD 68.07 is repealed.
Section 22. DWD 68.08 is amended to read:
DWD 68.08 Notification of rights and responsibilities. (1) The division of vocational rehabilitation shall insure ensure that a person, including an employe employee, who has access to consumer information, including consumer case records, is aware of his or her the person's responsibilities to maintain the confidentiality of the information and the criminal liabilities for violation of this rule chapter. A
(2) The division of vocational rehabilitation shall provide without cost a copy of this rule chapter and any policies created to interpret this rule must be provided without cost chapter to each employe, employee and, upon request, to the client a consumer or to any other person.
(3) The division of vocational rehabilitation shall notify each client consumer that information he or she that the consumer gives to the division shall be kept confidential and that a client consumer has certain rights of access to his or her the consumer's case record.
Section 23. DWD 68.09 is amended to read:
DWD 68.09 Non-client Non-consumer requests. A request for information from a case record, by an individual or organization that is neither a client consumer nor included in s. DWD 68.02 (5), must be in writing and must specify the particular information wanted and the purpose for which it is to be used. Section 24. DWD 68.10 is repealed.
Section 25. DWD 68.11 is amended to read:
DWD 68.11 Notice not to re-release. Information released from a case record to an agency, organization, or individual that is not a client the consumer must be accompanied by a written notice that it shall not release the information to any other individual, agency, or organization without the informed written consent of the client consumer.
Section 26. DWD 68.12 is amended to read:
DWD 68.12 Release of records for an audit, evaluation, or research. Information from a case record may be released without the consent of the client, consumer to an organization or individual engaged in an audit, evaluation, or research only for purposes connected with the administration of the vocational rehabilitation program if all of the following are satisfied:
(1) The information will be used only for the purpose for which it was provided,.
(2) The information will not be released only to a person not persons officially connected with the study under consideration, and audit, evaluation, or research.
(2g) The information will not be released to the consumer.
(2r) The information will be managed in a manner to safeguard confidentiality.
(3) The final product of the research will not reveal any consumer identifying information that may serve to identify a former, current, or potential client without the informed written consent of the individual and the division consumer.
Section 27. DWD 68.13 is amended to read:
DWD 68.13 Release of records to employers. Relevant information from a client’s consumer's case record may be released to a potential employer without consent of the client consumer in order to ascertain the possibilities of a job placement for the client consumer if no client consumer identifying information is disclosed. Oral consent of the client must be obtained, whenever possible. Client Consumer identifying information may be released to a potential employer only with the informed written consent of the client consumer.
Section 28. DWD 68.14 (title) is amended to read:
DWD 68.14 Release of records to clients consumers.
Section 29. DWD 68.14 (intro.) is renumbered DWD 68.14 (1m) and, as renumbered, is amended to read:
DWD 68.14 (1m) Upon written Except as provided in sub. (2), upon request of a client consumer, information in the client’s consumer's case record shall be released to the client consumer, or, upon the written request of the client consumer, to his or her the consumer's designated representative.
Section 30. DWD 68.14 (1) is renumbered DWD 68.14 (1s) and, as renumbered, is amended to read:
DWD 68.14 (1s) The client consumer or the designated representative shall present valid identification or be identified by a vocational rehabilitation employe employee before information is released.
Section 31. DWD 68.14 (2), (3) and (Note) are repealed and recreated to read:
DWD 68.14 (2) (a) Medical, psychological, or other information that the division of vocational rehabilitation determines may be harmful to a consumer may not be released directly to the consumer, but must be provided to the consumer through a third party chosen by the consumer, including an advocate, family member, or qualified medical or mental health professional, except that if a representative has been appointed by a court to represent the consumer, the information must be released to the court-appointed representative.
(b) If the division of vocational rehabilitation makes a determination under par. (a) about a consumer, the divisions shall provide the consumer with written notice of the determination.
(3) A consumer may appeal a determination under sub. (2)(a) by submitting a request for a hearing to the department within 180 days after the date of the written notice under sub. (2) (b). Appeals are heard by impartial hearing officers under the procedures established by the department in ch. DWD 75. 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 32. DWD 68.15 (title) is repealed and recreated to read:
DWD 68.15 (title) Record amendments and additions.
Section 33. DWD 68.15 is renumbered DWD 68.15 (2) and, as renumbered, is amended to read:
DWD 68.15 (2) A letter, memorandum, or document submitted by a client consumer for the purpose of correcting alleged misinformation in the client’s consumer's case record must be included in that record.
Section 34. DWD 68.15 (1) is created to read:
DWD 68.15 (1) A consumer who believes that information in the consumer's case record is inaccurate or misleading may request that the division of vocational rehabilitation amend the information. If the division of vocational rehabilitation does not amend the information, the division shall document the request for the amendment in the case record.
Section 35. DWD 68.16 (title) is repealed.
Section 36. DWD 68.16 is renumbered DWD 68.14 (1e) and, as renumbered, is amended to read:
DWD 68.14 (1e) A case record is the property of the department of workforce development. A client, or a designated representative, may copy, by hand or photocopy, any information in the client’s case record if consistent with this rule. The division may request the reimbursement of the cost of each copy it provides and may be released to clients as provided in this section.
Section 37. DWD 68.17 is amended to read:
DWD 68.17 Penalties. A person who violates this rule chapter shall, pursuant to s. 47.02 (7), Stats., be fined not exceeding $500 or imprisoned not exceeding 6 months or both. Section 38. DWD 75.01 is amended to read:
DWD 75.01 Authority and purpose. This chapter is promulgated under the authority of ss. 47.02 (5) and 103.005 (1), Stats., and in conformity with requirements under 29 USC 722 (c), and 34 CFR 361.57, to develop and implement procedures for an applicant or eligible individual appealing the determination of ineligibility for services or the decision of the furnishing or denial of services issued or any determination made by personnel of the department’s division of vocational rehabilitation that affects the provision of vocational rehabilitation services by the division under the rehabilitation act of 1973, as amended. Section 39. DWD 75.02 is amended to read:
DWD 75.02 Applicability. This chapter applies to the department, applicants, eligible individuals, and the representative representatives of the applicant applicants or eligible individual individuals. An applicant or eligible individual who is dissatisfied with a determination of ineligibility or any determination issued made by personnel of the department’s division of that affects the provision of vocational rehabilitation concerning eligibility for or the furnishing or denial of services under the act, or a decision issued by a hearing officer that affects the provisions of vocational rehabilitation services, may request a timely review of that determination or decision.
Section 40. DWD 75.03 (3) is amended to read:
DWD 75.03 (3) “Appeal" means a request for relief filed with the division by the applicant or eligible individual based on the determination of ineligibility of services or the decision of the furnishing or denial determination affecting the provision of services issued by the division.
Section 41. DWD 75.03 (8) is amended to read:
DWD 75.08 (8) "Hearing" means a formal review by an impartial hearing officer of the determination of ineligibility for services or the decision of the furnishing or denial determination affecting the provision of services issued by the division.
Section 42. DWD 75.03 (10) is amended to read:
DWD 75.03 (10) “Hearing request" means a written request for a hearing signed by an applicant or eligible individual to appeal a determination of ineligibility of services or the decision of the furnishing or denial determination affecting the provision of services.
Section 43. DWD 75.03 (13) is amended to read:
DWD 75.03 (13) “Order of selection" means the order of priority for service, by category, required by 29 USC 721 (a) (5) (A) to ensure that clients consumers with the most severe functional limitations who need multiple services over an extended period of time or consumers who require specific services or equipment to maintain employment are served before clients consumers who have less severe functional limitations or do not require multiple services over an extended period of time. Section 44. DWD 75.03 (14) is amended to read:
DWD 75.03 (14) “Party" means an applicant or, eligible individual, or the their representative of the applicant or eligible individual, or the administrator’s representative.
Section 45. DWD 75.04 is amended to read:
DWD 75.04 Right to a hearing. An applicant or eligible individual may appeal a determination of ineligibility for services or the decision of the furnishing or denial determination affecting the provision of services including a decision relating to an order of selection for services, whenever vocational rehabilitation services for an individual are denied, reduced, suspended, or terminated.
Section 46. DWD 75.05 (1) is amended to read:
DWD 75.05 (1) Time limits. The time limit for filing a hearing request shall be within 12 months 180 days after the date of written notice of a determination of ineligibility for services or the decision of the furnishing or denial or a determination affecting the provision of services was mailed to the applicant or eligible individual, or the representative of the applicant or eligible individual. Failure to file a hearing request within the 12 month 180-day limit shall be cause for the hearing request to be dismissed.
Section 47. DWD 75.08 (intro.) is amended to read:
DWD 75.08 (intro.) Motions shall be filed in writing within 5 working days and may be filed at any time prior to a scheduled hearing. A motion shall state the grounds of the motion and the relief or order requested. Briefs, affidavits, documentary evidence and other papers in support of a motion shall be filed with the motion and the hearing officer. Motions relative to a hearing may include any of the following:
Section 48. DWD 75.08 (4) is amended to read:
DWD 75.08 (4) Motion to withdraw a hearing request. An applicant or,eligible individual, or the their representative of the applicant or eligible individual, may withdraw from the appeal process at any time.
Section 49. DWD 75.10 (1) and (2) are amended to read:
DWD 75.10 (1) Documents filed with representative. If the applicant or eligible individual has designated a representative in writing, all correspondence and other documents related to the hearing shall be mailed sent by mail or electronic mail to the representative of the applicant or eligible individual. For documents sent by mail or electronic mail, the date the document is received by the applicant or, eligible individual, or their representative of the applicant or eligible individual, determines the date of filing.
(2) Filing in person. For papers filed in person, the date the applicant or, eligible individual, or the their representative of the applicant or eligible individual, receives the document determines the filing date.
Section 50. DWD 75.11 (2) is amended to read:
DWD 75.11 (2) The applicant, eligible individual, or, in appropriate cases, the applicant applicant's or eligible individuals individual's representative requests a suspension, reduction, or termination of services.
Section 51. DWD 75.14 (2) is amended to read:
DWD 75.14 (2) Participation. The administrator’s representative shall participate in the prehearing conference. If the applicant or, eligible individual, or the their representative of the applicant or eligible individual, fails to participate in a prehearing conference without prior notice, the hearing officer shall continue the prehearing conference period for 5 working days. During this period the applicant or, eligible individual, or the their representative of the applicant or eligible individual, may file a good cause explanation, including the need for reasonable and specific disability accommodations, and request that the prehearing conference be rescheduled. If a motion good cause explanation is not filed within 5 working days, the hearing officer shall schedule the hearing within the 60-day limit and notify the parties and the hearing coordinator of this decision. The department may review this decision as provided in s. DWD 75.19. Section 52. DWD 75.16 (1) is amended to read:
DWD 75.16 (1) Hearing is closed. A hearing shall be closed to the public as a confidential matter unless the applicant or, eligible individual, or the their representative of the applicant or eligible individual files a motion to open the hearing within 5 working days in advance of the scheduled hearing.
Section 53. DWD 75.16 (6) (a) is amended to read:
DWD 75.16 (6) (a) Recording. The hearing officer shall record each hearing. The applicant or, eligible individual, or the their representative of the applicant or eligible individual, may obtain one free copy of the recording by contacting the hearing coordinator. No other recording of the hearing is permitted.
Section 54. DWD 75.16 (7) is amended to read:
DWD 75.16 (7) Opening statement by hearing officer. The hearing officer shall open the hearing with a brief statement of the date, the location of the hearing, the issues, the parties directly involved in the hearing and the standard procedures, and shall remind all parties and witnesses present that all personally identifiable information made available for the hearing is confidential.
