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
and 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 reimbursement
authorization forms.
(n)
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 that a client's records contain SSI reimbursement
forms, the client's records should be maintained so that the municipality
may seek reimbursement.