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4.2.2.1 Protecting Confidential Information about W-2 Participants
Information concerning W-2 applicants and participants generally must not be disclosed for any reason except when it is necessary for the administration of the W-2 program or, under certain circumstances, unless requested by law enforcement officers. (See 4.2.3) If the information requested is not directly related to program administration, it must not be provided.
Due to the nature of the barriers W-2 participants have, it is often necessary to obtain highly sensitive, confidential information regarding these barriers.
Information related to the following barriers is considered confidential for purposes of the W-2 program:
1. AODA treatment
2. Mental health treatment
3. Domestic violence counseling
4. HIV/AIDS
5. Medical conditions
Information related to these barriers may include but is not limited to:
1. Details of Assessments
2. Medical Test Results
3. Treatment Notes
4. Medical Diagnosis
See 4.4.6 for information on storing confidential information about W-2 participants.
The laws governing protection of confidential information are stricter than general information about the W-2 participant. In general, the laws narrowly restrict the disclosure and use of this information to a “bona fide need to know.” An individual or program in possession of such information (for example, a federally-assisted substance abuse program) may not release it except as authorized by the individual. Anyone who receives such information from a substance abuse program (for example, a W-2 agency) may not again disclose it without the individual’s consent and cannot retain this information unless confidentiality can be maintained.
W-2 agencies may disclose this information in the following circumstances without a release of information:
1. To other staff within the W-2 agency who have a bona fide need to know;
2. To another W-2 agency if the individual changes agencies (see 4.6.3); and
3. To staff from the DCF, which has direct administrative control over the W-2 program.
Example 1: Juanita is a W-2 T participant. Based on the results of her BST, her FEP referred her to a mental health specialist for a formal mental health assessment. Based on the results of the assessment and a diagnosis of depression and situational anxiety disorder, the FEP assigned Juanita to weekly mental health counseling appointments and limited hours at a work experience site. After six months, Juanita was ready to begin employment search. Juanita’s FEP shared with the employment readiness workshop facilitator Juanita’s mental health diagnosis and the necessary accommodations she would need to successfully participate in the job readiness workshop. The sharing of this information was based on the workshop facilitators “bona fide need to know” because with this information the facilitator would be able to direct Juanita towards employment that would not cause anxiety as well as provide the accommodations Juanita needs in order to maintain employment.
Example 2: Roberta is a new W-2 T participant who has transferred from another W-2 agency from another part of the state. Roberta has been diagnosed with post traumatic stress disorder due to abuse she suffered earlier in her life. Roberta confided this in her FEP and shared some counseling records that she had been given by her former doctor. When Roberta’s FEP saw her co-worker later in the day, she asked for some advice on finding Roberta a new doctor and shared with her the details of Roberta’s past. The sharing of Roberta’s past was not based on the co-workers “bona fide need to know” because the FEP could have kept the details confidential while still seeking advice on referring Roberta to a local mental health professional.
This
page last updated in Release # 11-02
Release Date: 04/07/11
Effective Date: 04/07/11