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13a.11.06.00.htm 13A.11.06.00. Title 13A STATE BOARD OF EDUCATION Subtitle 11 PROGRAMS FOR ADULTS WITH DISABILITIES Chapter 06 Records of Services Authority: Education Article, §21-304―21-306 and 21-308, Annotated Code of Maryland
13a.11.06.01.htm 13A.11.06.01. 01 Scope.. A. This chapter implements the following:. 1) Education Article, §21-307, Annotated Code of Maryland;. 2) State Government Article, §10-611―10-628, Annotated Code of Maryland;. 3) Health-General Article, §4-302 and 4-305, Annotated Code of Maryland;. 4) Executive Order 01.01.1983.18; and 34 CFR §361.49 governing the collection, use, and disclosure of personal information about Division clients.B. The regulations governing the collection, use, and disclosure of persona
13a.11.06.02.htm 13A.11.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Client" has the same meaning as defined in COMAR 13A.11.01.03.. 2) "Client's representative" has the same meaning as defined in COMAR 13A.11.01.03.. 3) "Disclose" or "disclosure" means the communication of personal information about an applicant or eligible individual or the release of records containing personal information about an applicant or eligible individual.
13a.11.06.03.htm 13A.11.06.03. 03 Confidentiality of Personal Information.. Personal information about an applicant or eligible individual, whether obtained directly from the applicant or eligible individual or from another person, shall be kept confidential and may not be disclosed except in accordance this chapter.
13a.11.06.04.htm 13A.11.06.04. 04 Notice to Applicants and Eligible Individuals.. A. The Division shall notify each applicant or eligible individual who is requested to provide personal information about:1) The authority under which the information is collected;. 2) The principal purpose for which the information is intended to be used;. 3) Whether provision of the information is mandatory or voluntary and the specific consequences of not providing the information;4) The individual's right to:.
13a.11.06.05.htm 13A.11.06.05. 05 Right of the Applicant or Eligible Individual to Inspect and Obtain Copies of Records.. A. Subject to Regulation .06 of this chapter, when requested by an applicant or eligible individual or an individual's representative, the Division shall permit the individual or the individual's representative to inspect and obtain copies of any records in the custody of the Division which contain personal information about the individual.B. A request to inspect and obtain copies of recor
13a.11.06.06.htm 13A.11.06.06. 06 Restrictions on Disclosure of Personal Information to an Applicant or Eligible Individual.. A. Medical, psychological, or other personal information which the Division believes may be harmful to an applicant or eligible individual may not be disclosed directly to the individual but shall be provided to a person chosen by the individual or, if applicable, pursuant to Health-General Article, §4-302, Annotated Code of Maryland.B. Persons preparing reports which contain informa
13a.11.06.07.htm 13A.11.06.07. 07 Right of the Applicant or Eligible Individual to Amend or Correct Records.. A. An applicant or eligible individual or an individual's representative may request the Division to amend or correct any records in the custody of the Division which contain inaccurate or incomplete information about the individual.B. A request to amend or correct records shall be in writing, signed by the applicant or eligible individual or the individual's representative, and:
13a.11.06.08.htm 13A.11.06.08. 08 Appeals.. A. An applicant or eligible individual or an individual's representative may request an appeal hearing if the Division takes any of the following actions with respect to any records in the custody of the Division which contain personal information about the client:1) Denies a request to inspect and obtain copies of the records;. 2) Denies a request to amend or correct records;. 3) Fails to attach a statement of disagreement to a disputed record; or.
13a.11.06.09.htm 13A.11.06.09. 09 Written Consent Required to Disclose Personal Information.. A. Except as provided in Regulation .11 of this chapter, the Division shall obtain written consent from an applicant or eligible individual or the individual's representative before disclosing personal information to another person.B. The written consent to disclose personal information shall be dated and signed by the applicant or eligible individual or the individual's representative, and shall:
13a.11.06.10.htm 13A.11.06.10. 10 Notice to Accompany Disclosure.. The Division shall attach the following statement to each disclosure made with the eligible individual's written consent: This information has been disclosed to you from records whose confidentiality is protected by federal and State law (see COMAR 13A.11.06) Federal regulations prohibit you from making any further disclosure of it without the specific written consent of the person to whom it pertains or as otherwise permitted by such regulations
13a.11.06.11.htm 13A.11.06.11. 11 Circumstances Under Which Written Consent Is Not Required to Disclose Personal Information.. 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 r
13a.11.06.12.htm 13A.11.06.12. 12 Disclosure of Personal Information in Administrative or Judicial Proceeding.. When personal information is disclosed in connection with an administrative or judicial proceeding to review an action of the Division affecting the applicant or eligible individual, the Division shall:A. Request that the information be placed under seal when such procedure is available; or. B. Take other appropriate action to protect the confidentiality of the information..
13a.11.06.13.htm 13A.11.06.13. 13 Disclosure of Personal Information to Comply with Judicial Order or Lawfully Issued Subpoena.. A. When the Division receives a judicial order or lawfully issued subpoena to disclose personal information, the Division shall make a reasonable effort to notify the applicant or eligible individual or the individual's representative of the order or subpoena in advance of compliance, and request the individual to consent in writing to disclosure oB. If the eligible indivi
13a.11.06.14.htm 13A.11.06.14. 14 Disclosure of Personal Information in Connection with Audit, Evaluation, or Research.. A. The Division may disclose personal information in connection with an audit or evaluation for purposes directly related to the administration of the Division's programs if the person conducting the audit or evaluation assures that the information will:1) Be used only for the purposes for which it is provided and will be disclosed only to persons officially connected with the
13a.11.06.15.htm 13A.11.06.15. 15 Fees.. A. The Division may charge a reasonable fee for copying records if reproduction is made by a photocopying machine within the Division, or the actual cost of reproduction if reproduction is made by a photocopying machine outside the Division or if the record is not susceptible to photocopying (for example, microfilm, X-rays, etc. A charge may not be made if the total amount of the fee is $1 or less.B. The Division may charge a reasonable fee for the time beyond the first 2
13a.11.06.16.htm 13A.11.06.16. 16 Retention of Records of Services.. Records of services shall be maintained for a minimum of 3 years following the closure of a record of services, and then destroyed, except for records held by the Workforce and Technology Center and those approved by the Social Security Administration for reimbursement, which shall maintain records for a minimum of 5 years pursuant to Health-General Article, §4-403, Annotated Code of Maryland.
13a.11.06.17.htm 13A.11.06.17. 17 Civil and Criminal Liability.. A. Under State Government Article, §10-626, Annotated Code of Maryland, a person who willfully and knowingly discloses or uses personal information about an applicant or eligible individual in violation of the law may be liable to the individual for actual and punitive damages, attorneys' fees, and litigation costs.B. Under State Government Article, §10-627, Annotated Code of Maryland, a person who willfully or knowingly discloses or uses
13a.11.06.9999.htm 13A.11.06.9999. Administrative History Effective date: August 15, 1990 (17:13 Md. R. 1613) ―. Chapter revised effective August 7, 2000 (27:15 Md. R. 1402). Regulation .16 amended effective October 1, 2001 (28:19 Md. R. 1687) January 21, 2013 (40:1 Md. R. 21)
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