[10-6-2020]
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 or any employer
of a general assistance applicant who, upon receipt of a written release
signed by the depositor 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.
(3)
Additionally, when a municipality or its agents are acting in
accordance with 22 M.R.S.A. § 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 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)].