Case records and all other information relating to a GA applicant
or recipient are confidential and will not be disclosed to the general
public (22 M.R.S. § 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 unless the Administrator receives a signed consent
form in which the applicant expressly authorizes 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 reproduction of records.
B. Information from other sources; penalty. Information concerning an
applicant or recipient furnished to the municipality by DHHS or any
other agency or institution pursuant to 22 M.R.S. § 4314,
is confidential. The Administrator will also comply with laws requiring
confidentiality of vital statistic records such as birth, marriage,
and death records (22 M.R.S. § 2706).
(1) Any representative of a financial institution or any employer of
a GA applicant who, upon receipt of a written release signed by the
depositor/employee and a written request from the Administrator, 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. National banks are also obligated to disclose deposit
information to the Administrator upon receipt of a written request
and release signed by the depositor. Additionally, when a municipality
or its agents are acting in accordance with 22 M.R.S. § 4313(2)
to verify eligibility for funeral or cremation benefits, an officer
of a financial institution must disclose the amount deposited upon
receipt of a written request from the municipality or its agents and
a notarized affidavit signed by the overseer of the municipality or
its agents stating that the named depositor is deceased. 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 commits
a Class E crime (22 M.R.S. §§ 4314, 4315).
C. Misuse of information. Misuse of any information relating to an applicant
or recipient is a punishable offense [22 M.R.S. § 42(2)].
The Administrator will maintain complete and accurate program
records (22 M.R.S. § 4306). These records are necessary
to: (a) document and account for municipal program expenditures; (b)
document and support decisions concerning applicants and recipients;
and (c) ensure relevant information is available for any fair hearing
or judicial review of the Administrator's decisions.
A. Case records.
(1) The Administrator will maintain a separate case record, in paper
or digital format, for each applicant or recipient. Each case record
will include at least:
(c)
The types and amounts of assistance provided;
(d)
Narrative statements describing the nature of the emergency
situation whenever GA is granted in amounts greater than the applicant's
mathematical eligibility (i.e., deficit or unmet need, whichever is
less);
(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 reimbursement
authorization forms; and
(2) Case records will not include information that is irrelevant to the
applicant's or recipient's application or the Administrator's
decisions.
B. Retention of records. GA records shall be retained for at least three
full years. The three-year period shall coincide with the state government's
fiscal year which begins July 1 and ends on the following June 30.
Records may be destroyed after three years by supervised shredding,
burning or an appropriate digital deletion/destruction process. If
a recipient's records contain SSI reimbursement forms, the recipient's
records should be retained so that the municipality may seek reimbursement.