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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 113508
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have two questions. Question number 1. An Employment

Customer Question

I have two questions.
Question number 1.
An Employment Network is offering me services now. The D.O.R. has not developed my I.P.E. I received my ELIGIBILTY NOTICE AND DETERMINATION OF SERVICES on 11/09/2015. Statue 102(b)(3)(F) of the WIOA states that they have 90 days to develop my I.P.E. I e-mailed the D.O.R. counselor on 01/15/16. And I asked her if she can give me a timeframe for the completion of my I.P.E. I think it is a good idea. To reach out to the CAP Advocate. And say that I have an Employment Network that will provide services now. Can I come back, and request D.O.R. services later. If my Eligibility notice for Category 1 services extends to June 30 of 2016? What do you think?Question number 2.
Did the D.O.R. counselor have a right to doctor's Psychiatric notes? I challenged the D.O.R. counselor to have access to these. She came back with Code Sections saying that she had a right to them. So I gave them to her. I believe she is using these notes to make an assessment, and these notes are very damaging to my credibility. The D.O.R. is a mandated partner in the One Stop System (as of 2015 according to the D.O.R. website). The National Center of Workforce and Disability. In referencing a One Stop Career Center. Registration and Intake- It should be stated both verbally and in writing, that the decision to disclose any information concerning the presence of a disability is strictly voluntary. The website www.communityinclusion.org. (the D.O.L. web page references this portal) states that the One Stop needs to make clear that the information is voluntary, and they cannot ask unnecessary questions about my disability. The article references the phrase "Comfort Level" as an excellent reason not to disclose. HIPPA Code 164.510 Refers to the use of disclosure, and an opportunity for an individual to agree or object.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

1) I think that now the Employment Network is offering help and you are on their list, it is time to use the CAP advocate to make sure they get the IPE done as required. I would not tell them that you no longer want DOR services, because once you do that if something falls through with the Employment Network, you have to start all over again with DOR, but since the CAP is giving you so many issues and you believe your medical records can cause you issue with the assessment, you may want to tell DOR that you want to put a hold on their services while the Employment Network assists you.

2) Yes, the DOR counselor has a right to the records, since they have a right to use thoseindetermining an IPE Yes, she is using the notes to make her assessment, that is her job to do and she is entitled to those. Now, if you believe that the advocate will use those records to hurt your chances of getting a job, then you can inform them you want to put a hold on their service for now. However, you will still need to deal with the Adviocate and the medical record issue if you need to start their services up again.

Customer: replied 1 year ago.
Sir,
I indicated to you. That a V.R. is a mandated partner in the One Stop System. David Hoff in an article in Inclusion Rights states that I have a voluntary right to disclose Medical information or not. The West virgina Advocvates references this article. Hippa law 164.510 states that I have a right to agree or disagree regarding disclosure of my Medical information. Since they are a One Stop it seems to me that the D.O.R. needs to follow the rules of a One Stop Center. Did I have the right to refuse the release of Psychitric notes to the D.O.R. counselor. Tim
Customer: replied 1 year ago.
Sir, You are saying the D.O.R. counselor had the right to use my Psychiatric notes. I am asking you if I had a legal right to refuse disclosure of these notes to her. Based on Disability disclosure rules and the One Stop System. Which a V.R. is a mandated partner in. It is my understanding that Psychiatric notes require a subpoena. You told me once that the state would not release a person's Medical Marijiana card without some type of court intervention. Is a Medical Marijuana card more privileged then a doctors' notes? I guess the counselor could say then that I will not give you services then. But, it would seem to me that I would have a right to continue on through the Claim process. Mr. Educator, I was in a High School with teachers, students, and school staff for three months. If I was symptomatic with a Psychiatric disorder. Do you think the supervisor would of allowed to remain for my 200 hours and complete my internship? I do not think so. I think the Employer Network would of called me in. And tell me that they received word of the school of a problem. And my I.T. internship would of ended. Actually, I was complimented by the counselor at the Employment Network. He said the other interns were impressed by my ability to remain focused and complete my assignments.

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