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 DWD 65.11 (Note) is repealed and recreated to read: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.
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.
