Town of Cumberland, ME Administrative Rules and Regulations

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.A. § 4306).

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.

Information from other sources; penalty.

(1)

Information concerning an applicant or recipient furnished to the municipality by DHHS or any other agency or institution pursuant to 22 M.R.S.A. § 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.A. § 2706).

(2)

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.A. § 4313, Subsection 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.A. §§ 4314 and 4315).

Misuse of information. Misuse of any information relating to an applicant or recipient is a punishable offense (22 M.R.S.A. § 42, Subsection 2).

The Administrator will maintain complete and accurate program records (22 M.R.S.A. § 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.

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:

(a)

Household applications;

(b)

Household budget sheets;

(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);

(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, and 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

(n)

Vendor forms.

(2)

Case records will not include information that is irrelevant to the applicant's or recipient's application or the Administrator's decisions.

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.