Code of Massachusetts Regulations
104 CMR - DEPARTMENT OF MENTAL HEALTH
Title 104 CMR 32.00 - Investigation And Reporting Responsibilities
Section 32.07 - Department Case File and Public Log
Universal Citation: 104 MA Code of Regs 104.32
Current through Register 1531, September 27, 2024
(1) Department Case File.
(a) A file, known as the Department case
file, shall be kept for each complaint and appeal received by the Department or
its contracted for programs or facilities and for each Commissioner's
Investigation conducted pursuant to
104 CMR
32.06. The Department case file shall consist
of the complaint, any fact-finding report, the decision letter, requests for
reconsideration, appeals, and decisions on requests for reconsideration and
appeals.
(b) Release of any portion
of the Department case file shall be subject to redaction of protected
information consistent with the requirements of federal and state privacy laws,
including but not limited to, the provisions of the federal Health Information
Portability and Accountability Act (HIPAA), Fair Information Practices Act
(FIPA), M.G.L. c. 66A, M.G.L. c. 123, § 36, and applicable exemptions
under M.G.L. c. 4, § 7(26).
(c) Subject to redaction of protected
information to which a person does not have a right of access, upon written
request:
1. Any person who is mentioned in the
Department case file will have access to a copy of that portion of the case
file in which he or she is mentioned.
2. Any party, as defined in
104 CMR 32.02, may
receive a copy of the Department case file.
3. If a complaint involves a client of the
Department, the client's attorney may receive a copy of the Department case
file, which pursuant to M.G.L. c. 123, § 36 may contain such client's
protected information.
4. If a
complaint involves an individual that is not otherwise a client of the
Department, such client's attorney may receive a copy of the Department case
file, which if such client's authorization is provided may contain such
client's protected information.
(d) Subject to the redaction of all protected
information set forth in 104 CMR 32.07(1)(b), a complainant who is not
otherwise a party, shall receive a summary of the decision.
(e) The Department case file for
investigations conducted pursuant to
104 CMR 32.04(5)
shall be maintained by the Office of
Investigations.
(f) The Department
case file for administrative reviews conducted pursuant to
104 CMR 32.04(3)
and for fact-finding activities conducted
pursuant to
104 CMR 32.04(4)
shall be maintained by the Responsible
Person.
(2) Public Log. The Department shall maintain a public log of all complaints concerning Department operated or contracted for programs or facilities, complaints concerning Department licensed programs or facilities investigated pursuant to 104 CMR 32.04(5), and for each Commissioner's Investigation pursuant to 104 CMR 32.00, in such form as the Commissioner may from time to time prescribe. Each complaint and appeal shall be assigned a public log number which shall be referenced in the case file. The log shall be kept by the Office of Investigations.
(a) The log will not include personal
identities or any other information that is exempt from disclosure as a public
record, and will be a public record, available for inspection and copying by
members of the public as provided in M.G.L. c. 66, § 10.
(b) The log shall include the public log
number, type of complaint, whether the complaint was substantiated, whether any
requests for reconsideration or appeals were filed, and the outcome of such
requests for reconsideration or appeals.
(c) Data necessary to maintain the public log
shall be provided to the Office of Investigations in a manner and form
prescribed by it.
Disclaimer: These regulations may not be the most recent version. Massachusetts 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.