Section 144-332-1-2 - CONFIDENTIALITYThe Department of Health and Human Services, in accordance with Federal Regulation ( 42 CFR 431.306 ) and State statutes, must maintain the individual's information in a manner which will ensure that this information is restricted to persons or agency representatives who are subject to standards of confidentiality comparable to those of the Department.
Section 2.1: Release of InformationInformation from the case record will be released under the following circumstances:
I. The individual has the right to review information in their case record at any time. When the medical source requests that the medical information be kept confidential, that information may not be reviewed by the individual.II. All information pertaining to a decision of eligibility for assistance, including medical and social data for preparation of an Administrative Hearing will be made available to the individual or the individual's representative. If the individual is being represented by an attorney, permission to release information to the attorney must be obtained in writing from the individual.III. Financial information relating to eligibility will be given to general assistance administrators if necessary for making a determination of granting general assistance.IV. Information relating to whether an individual is a recipient in a particular month will be given to hospitals, physicians, pharmacists, and other medical providers inquiring in order to determine whether to provide their service under MaineCare. The address of the individual is not to be released.V. Information necessary for other Offices within the Department to administer their programs may be given. These Offices include Office of Child and Family Services (OCFS) - Child Protective Services, Office of Aging and Disability Services (OADS) - Adult Protective Services, Division of Support Enforcement and Recovery (DSER), Fraud Investigation and Recovery Unit (FIRU), the Preventive Health Program (PHP), and the Division of Administrative Hearings. Information may also be provided to other Offices within DHHS if there is a written Memorandum of Understanding between OFI and that Office.VI. For those agencies having a contract with the Department information may be released that is needed for the agency to fulfill the terms of the contract. Agencies include Home and Community Based Waiver agencies and Community Action Programs.VII. In the event of the issuance of a subpoena or order from the court for the case record or for any agency representative to testify concerning an applicant or recipient, the Department's attorneys will call the Court's attention to the statutory provisions and the regulations against disclosure of information. The decision in regard to release of information will be with the presiding judge.VIII. Pursuant to 42 CFR § 435.1200, for Members or individuals who have been determined not eligible for Medicaid, the Department will transfer via secure electronic interface, the individual's electronic account to other insurance affordability programs, such as the federally facilitated marketplace.Section 2.2: Written Release of InformationWith all other requests, a written release from the individual is required prior to sharing the information. Unless otherwise specified any written release of information is valid for one year from the date of signature by the individual. The release of information must specify the information to be released and to whom.
I. Release of medical reports to general assistance administrators will be made only if the individual has signed a written release.II. Information will be made available upon receipt of written authorization from the individual (or adult family head in the case of children) giving the Department authorization to release information to the following: A. Federal and State legislators;C. social or financial service agencies requesting information beyond eligibility dates, or, if under contract with the Department, information beyond that necessary to administer their program.III. Information about whether the individual is receiving MaineCare, the number of children in the assistance unit and the address of the children will be made available to absent parents inquiring about the status of the family only with written permission of the caretaker relative.Section 2.3: Information from an external source For DHHS to obtain information:
I. the Eligibility Specialists must inform the individual of the Department's need for collateral information; andII. receive a signed release form from the individual identifying the information being requested and from whom. Information in case records and computer files will be used only for Department business, never for obtaining information about friends, relatives or neighbors. Employees of the Department are not permitted to determine their own eligibility or that of their immediate family.
The names of individuals supplying information who wish to remain anonymous will not be kept in the case record.
10- 144 C.M.R. ch. 332, § 1-2