Page 11 - Procedural_Safeguards_PartCregs
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CONFIDENTIALITY AND OPPORTUNITY TO EXAMINE
                                 RECORDS

                                 In  accordance  with  the  confidentiality  of  information  procedures
                                 outlined in this document, as a parent of an infant or toddler who
                                 has been       referred to or receives services under WVBTT, you:
                                    •   Are ensured of the protection of confidentiality of personal-
                                        ly  identifiable  data,  information,  and  records  collected  or
                                        maintained  pursuant  to  Part  C  by  participating  agencies
                                        including  WVBTT  and  enrolled  service  coordinators  or
                                        service providers, in accordance with the protections un-
                                        der  the  Family  Educational  Rights  and  Privacy  Act
                                        (FERPA) in 20 U.S.C. 1232g and 34 CFR Part 99; and
                                    •   Are afforded the opportunity to inspect and review all early
                                        intervention records collected, maintained, or used under
                                        WVBTT including records relating to evaluations and as-
                                        sessments,  eligibility  determinations,  development  and
                                        implementation  of  IFSPs,  provision  of  early  intervention
                                        services, individual complaints involving your child, or any
                                        part of the child’s early intervention record under WVBTT.

                                 To  meet  state  and  federal  data  collection  and  reporting  require-
                                 ments and timely communication and coordination of services for
                                 your  family,  WVBTT  maintains  a  secure  electronic  database  of
                                 your                       child’s                     and
                                 family’s  information  including  name,  address,  date  of  birth,  tele-
                                 phone number, personal identification number, eligibility, services,
                                 and service providers.

                                 WVBTT must ensure that the parents of a child referred under Part
                                 C are afforded the right to confidentiality of personally identifiable
                                 information including the right to written notice of and written con-
                                 sent  to  the  exchange  of  that  information  among  agencies  con-
                                 sistent with federal and West Virginia laws.

                                 WVBTT ensures the effective implementation of the safeguards by
                                 each  participating  agency  including  RAUs,  service  coordinators
                                 and direct service practitioners that are involved in the provision of
                                 early            intervention services and make available to you an
                                 initial  copy  of  your  child’s  early  intervention  record  at  no  cost  to
                                 you.

                                 The  confidentiality  procedures  described  apply  to  the  personally
                                 identifiable information of a child and the child’s family that is con-
                                 tained in early intervention records collected, used or maintained
                                 under Part C by WVBTT, RAUs, service coordinators, and direct
                                 service practitioners. Procedural safeguard protections apply from
                                 the  point  in  time  when  the  child  is  referred  for  early  intervention
                                 services under Part C until the   participating agency is no longer
                                 required to maintain or no longer   maintains the child and family’s
                                 information under applicable federal and state laws.










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