Md. Code Regs. 13A.11.06.11

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.11.06.11 - 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 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.

Md. Code Regs. 13A.11.06.11