04.2.2 Protecting W-2 Participant Information

Information concerning W-2 applicants and participants generally must not be disclosed for any reason except:

2. Under certain circumstances, when 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 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.

Confidential information is protected more heavily than general information about the W-2 participant. In general, the disclosure and use of confidential information between staff members should only occur when their assigned duties require that they have access to the information.

An individual or program in possession of confidential information (for example, a federally-assisted substance abuse program) may not release confidential information except as authorized by the individual. Anyone who receives confidential information 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 confidential information in the following circumstances without a release of information:

1. To other staff within the W-2 agency when their assigned duties require 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, the necessary accommodations she would need to successfully participate in the job readiness workshop, and stressed that Juanita’s diagnosis and accommodations must be kept confidential. The sharing of this information was based on the workshop facilitator’s assigned duties requiring access to the information to 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 been diagnosed with post- traumatic stress disorder due to a traumatic event from her past. Roberta confided this in her FEP and shared some counseling records from her former doctor. Later that day, Roberta’s FEP shared with her co-worker the details of Roberta’s past and asked for advice on finding Roberta a new doctor. The sharing of Roberta’s past was not based on the co-worker’s 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.