04.2.2 Protecting W-2 Participant Information

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.

4.2.2.1 Protecting Confidential Information about W-2 Participants

To provide effective services to W-2 participants, it is often necessary to obtain highly sensitive, confidential information.

Information related to the following conditions is considered confidential for purposes of the W-2 program:

3. Disabilities and impairments, including physical disabilities, learning disabilities, cognitive impairments, and developmental disabilities

See 4.4.2 for information on scanning confidential information into the Electronic Case File. See 4.4.6 for information on accessing and referencing 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 staff members only when their assigned duties require that they have access to the information. 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 when their assigned duties require that they have access to the information;

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. 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 assigned duties requiring access to the information 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 assigned duties requiring access to the information because the FEP could have kept the details confidential while still seeking advice on referring Roberta to a local mental health professional.