Policy Chapters and Sections

Confidentiality

Chapter: 10 Section: 5.11
Effective Date: 2/14/2017
Expiration Date: Continuing
Published Date: 12/29/2017 8:56:17 AM
Status: Rescinded
Version: 1

Tags: EO, Disability, Equal Employment Opportunity, Nondiscrimination, NDP

  1. The State WIOA EO Officer, through the monitoring process, ensures WIOA recipients maintain the confidentiality of medical information provided by applicants and registrants.  Some of the items that are reviewed by the State WIOA EO Officer include:
    1. The LWIAs develop a written confidentiality policy that specifically addresses medical information and staff has been trained/apprised of the policy;
    2. Medical information is maintained in a separate locked container.
    3. Medical information is available only to persons with a need to know as outlined in 32.15 (d) (1 - 4).
  2. There are very limited circumstances under which recipients may disclose medical information, including the fact that the participant has a disability.  These include the following:
    1. Medical information may be disclosed to Supervisors and managers so that they can understand the limitations on activities that the participant or employee can perform and plan accordingly.  They would also need disability information to arrange for reasonable accommodation;
    2. First aid and emergency personnel need to be told about medical conditions that may require emergency treatment; and
    3. Government officials who are investigating compliance with disability nondiscrimination laws should receive medical information if they request it.
  3. Recipients must keep disability-related records confidential.  This includes records containing information about the results of medical examinations.  This means that recipients must keep this information separate from other information about each participant, whether this information is on paper or in an electronic format.