2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 1: GENERAL PROVISIONS › 34-B §5005-A. Advocacy agency

§5005-A. Advocacy agency
1.  Agency.
The department shall contract with the agency designated pursuant to Title 5, section 19502, referred to in this section as "the agency," to provide the services described in subsection 2 to individuals with intellectual disabilities or autism.
[PL 2011, c. 657, Pt. EE, §5 (NEW).]
2.  Duties.
The department shall contract with the agency to perform the following duties statewide in at least 5 geographically dispersed locations.
A. The agency shall receive complaints made by or on behalf of individuals with intellectual disabilities or autism and represent their interests in any matter pertaining to their rights and dignity.   [PL 2013, c. 310, §2 (AMD).]
B. The agency shall investigate the claims, grievances and allegations of violations of the rights of individuals with intellectual disabilities or autism.   [PL 2013, c. 310, §2 (AMD).]
C. The agency may pursue legal, administrative and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of individuals with intellectual disabilities or autism who are or may be eligible for services administered, licensed or funded by the department, except that the agency may refuse to take action on any complaint that it considers to be trivial, to be moot or to lack merit or for which there is clearly another remedy available.   [PL 2013, c. 310, §2 (AMD).]
D. [PL 2013, c. 310, §2 (RP).]
E. The agency may refer individuals with intellectual disabilities or autism to other agencies or entities and collaborate with those agencies or entities for the purpose of advocating for the rights and dignity of those individuals.   [PL 2013, c. 310, §2 (AMD).]
F. The agency shall act as an information source regarding the rights of all individuals with intellectual disabilities or autism, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of those individuals and about relevant legal decisions and other developments related to the fields of mental health, intellectual disabilities and autism, both in this State and in other parts of the country.   [PL 2013, c. 310, §2 (AMD).]
G. The agency may make and publish reports necessary to the performance of the duties described in this section. The agency may report its findings to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press. At least annually, the agency shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the department regarding the performance of the duties described in this section.   [PL 2013, c. 310, §2 (AMD).]
H. The agency may monitor the delivery of services, supports and other assistance or residential services or treatment provided to persons with intellectual disabilities or autism for the purpose of ensuring that services, supports and assistance meet the needs of those persons and are delivered in conformity with laws, regulations, rules and other standards regarding quality of care.   [PL 2013, c. 310, §2 (NEW).]
[PL 2013, c. 310, §2 (AMD).]
3.  Participate in personal planning.
The agency may participate in personal planning when the agency has concerns regarding the rights or dignity of a person with intellectual disabilities or autism. A person has the right to refuse such participation.
[PL 2011, c. 657, Pt. EE, §5 (NEW).]
4.  Access to files and records.
The agency has access, limited only by the civil service law, to the files, records and personnel of any provider of services, including the files and records of any person with an intellectual disability or autism held by any provider of service, administered, licensed or funded by the department and to all reports and related documents submitted pursuant to section 5604‑A.
[PL 2013, c. 310, §3 (AMD).]
4-A.  Access to individuals.
The agency has access to individuals pursuant to Title 5, section 19506.
[PL 2013, c. 310, §4 (NEW).]
5.  Confidentiality.
The following provisions govern confidentiality.
A. Any request by or on behalf of an individual with intellectual disabilities or autism for action by the agency and all written records or accounts related to the request are confidential as to the identity of the individual.   [PL 2011, c. 657, Pt. EE, §5 (NEW).]
B. The records and accounts under paragraph A may be released only as provided by law.   [PL 2011, c. 657, Pt. EE, §5 (NEW).]
C. Records maintained by the agency are the sole property of the individual with intellectual disabilities or autism to whom the records pertain and the agency shall protect the records from loss, damage, tampering or use by unauthorized individuals. The agency shall keep the records confidential and may not release them without written consent from the individual with intellectual disabilities or autism or the individual's guardian.   [PL 2013, c. 310, §5 (NEW).]
[PL 2013, c. 310, §5 (AMD).]
SECTION HISTORY
PL 2011, c. 657, Pt. EE, §5 (NEW). PL 2013, c. 310, §§2-5 (AMD).