Code of Maine Rules
12 - DEPARTMENT OF LABOR
152 - BUREAU OF REHABILITATION SERVICES
Chapter 7 - INDEPENDENT LIVING SERVICES PROGRAM
Section 152-7-2 - CONFIDENTIALITY

Universal Citation: 12 ME Code Rules ยง 152-7-2

Current through 2024-38, September 18, 2024

All personal information acquired by the ILS shall only be used and released for purposes directly connected with the administration of the ILS Program. Use and release of personal information acquired by the ILS Program shall conform with applicable Federal Regulations and State laws. Personal information will be released with the informed written consent of the consumer or their duly authorized representative.

1. For purposes of this policy, informed written consent shall mean a document that:

A. is in language and a communication format that the person understands. Alternative communication shall be provided to the consumer, such as voice, American Sign Language, Braille, or augmented technology, and shall be documented in the case record as declared by the consumer for the purpose of releasing or sharing specific information with parties designated by the consumer;

B. is signed and dated by the consumer or duly authorized representative;

C. is specific in designating the ILS Program as the agency or person authorized to disclose information;

D. is specific as to the nature of the information which may be released;

E. specifically designates the parties by whom the information may be used;

F. specifically indicates the duration of the release of information.

2. Release to Consumer or Duly Authorized Representative

Upon informed written consent by the individual with disabilities or duly authorized representative, all information in the case record shall be made available in a timely manner, except:

A. information obtained from outside the ILS Program may be released only under the conditions established by the outside agency or organization.

3. Release To Other Programs

Upon informed written consent of the individual with disabilities or duly authorized representative, Maine ILS Program may release to another agency or organization information that may be released to the individual with disabilities and only to the extent that the other agency demonstrates that the information is necessary for its program.

A. Maine ILS Program must release personal information, with or without consent of the individual, if required by State and Federal law, if in response to investigations in connection with law enforcement, fraud, or abuse, (except where expressly prohibited by Federal or State laws or regulations), and in response to an order issued by a judge, magistrate, or other authorized judicial officer.

B. The Maine ILS Program may release personal information without informed written consent of the individual in order to protect the individual or others when the individual poses a threat to his/her safety or the safety of others except for HIV test results which may not be released without informed written consent of the individual.

4. Release for Audit, Evaluation or Research

At the discretion of the ILS Program Manager/Supervisor, personal information may be released to an organization, agency or individual engaged in audit, evaluation, or research only for purposes directly connected with the administration of the ILS Program, or for purposes which would significantly improve the quality of life for people with disabilities and only if the organization, agency or individual assures that:

A. the information shall be used only for the purposes for which it is being provided;

B. the information shall be released only to persons officially connected with the audit, evaluation or research;

C. the information shall not be released to the involved individual;

D. the information shall be managed in a manner to safeguard confidentiality; and

E. the final product will not reveal any personal identifying information without the informed written consent of the involved individual or duly authorized representative.

5. Release of Records for Testimony

An employee of a Maine ILS Program shall not testify in court or in an administrative hearing; nor release records without the consent of the individual or their duly authorized representative unless ordered to do so by a judge, magistrate, or other authorized judicial officer.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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