[Adopted 11-13-2013 by Ord. No. 13-08. Amendments noted where applicable.]
The following are rules and regulations for the administration
of general assistance.
Case records and all other information relating to an applicant
or recipient of general assistance are confidential and will not be
disclosed to the general public unless the applicant or recipient
states, in writing, what information is to be released (22 M.R.S.A.
§ 4306).
A.
Release of information. Applicants, recipients and their legal
representatives have the right to review their case records. No record
will be released to a third party, however, unless the administrator
receives a consent form signed by the applicant expressly authorizing
the release of his or her records to the specified parties. Whenever
the administrator releases any information, he/she will make a notation
in the applicant's file stating to whom the record was released
and the date. The administrator may charge a reasonable fee for the
reproduction of any records when appropriate.
B.
Information from other sources; penalty.
(1)
Information furnished to the municipality by the Department
of Health and Human Services or any other agency or institution pursuant
to 22 M.R.S.A. § 4314 is confidential. The general assistance
administrator will also comply with laws relating to the confidentiality
of vital statistic records such as those concerning birth, marriage
and death (22 M.R.S.A. § 2706).
(2)
Any representative of a financial institution (except national
banks) or any employer of a general assistance applicant who refuses
to provide necessary information to the administrator in order to
verify an applicant's eligibility must state, in writing, the
reason for the refusal. Any such person who refuses to provide information,
without just cause, may be subject to a civil penalty of not less
than $25 nor more than $100. Any person, including the applicant,
who knowingly and willfully makes a false representation of a material
fact to the administrator is committing a Class E crime (22 M.R.S.A.
§§ 4314, 4315).
C.
Misuse of information. Misuse of any information relating to
an applicant or recipient is a punishable offense [22 M.R.S.A. § 42(2)].
A.
The general assistance administrator will keep complete and
accurate general assistance records (22 M.R.S.A. § 4306).
These records are necessary to:
(1)
Provide a valid basis of accounting for municipal expenditures;
(2)
Document and support decisions concerning an applicant or recipient;
and
(3)
Ensure the availability of all relevant information in the event
of a fair hearing or judicial review of a decision by the general
assistance administrator.
B.
Case records.
(1)
The administrator will establish and maintain a separate case
record, either in paper format or digital format for each applicant
or recipient. Each case record will include at least:
(a)
Household applications.
(b)
Budget sheets.
(c)
Information concerning the types and amounts of
assistance provided.
(d)
Narrative statements describing the nature of the
emergency situation whenever general assistance is granted in amounts
greater than the applicant's mathematical eligibility (i.e.,
deficit or unmet need, whichever is less).
(e)
Written decisions.
(f)
Requests for fair hearings and the fair hearing
authority decisions.
(g)
Workfare participation records.
(h)
Repayments to the municipality.
(i)
Narrative writings documenting the need for general
assistance, the results of home visits, collateral information, referrals,
changes in status.
(j)
Client authorization(s) for the release of GA information
and/or reason(s) for the release of confidential information.
(k)
Adjustments in aid, and suspension or termination
of eligibility.
(l)
Physician's documentation.
(m)
Supplemental Security Income (SSI) interim assistance.
(n)
Reimbursement authorization forms.
(o)
Vendor forms.
(2)
Case records will not include information or material that is
irrelevant to either the applicant's or recipient's application
or the administrator's decisions.
C.
Retention of records. General assistance records shall be retained
for a minimum of three full years. The three-year period shall coincide
with the state's fiscal year which begins July 1 and ends on
the following June 30. Records may be destroyed after three years
by one of the two preferred methods of destruction for confidential
records, i.e., supervised shredding, burning or appropriate digital
deletion/destruction process. In the event a client's records
contain SSI reimbursement forms, the client's records should
be maintained so that the municipality may seek reimbursement.
