<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 13A.11.06.11" title_num="13A" subtitle_num="11" chapter_num="06" heading="Circumstances Under Which Written Consent Is Not Required to Disclose Personal Information.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>To an employee of Disability Determination Services and concerns an individual served by both the Division and its component, Disability Determination Services;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Subject to Regulation .13 of this chapter, to comply with a judicial order or lawfully issued subpoena;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Subject to Regulation .14 of this chapter, in connection with an audit, evaluation, or research;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>To a third-party resource who initiated the referral for the service and who is responsible for payment;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>In response to a law enforcement, fraud, or abuse investigation, unless expressly prohibited by federal or State laws or regulations;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Required by State or federal law or regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
</regulation>