Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 193 - OFFICE OF ADULT MENTAL HEALTH › Chapter 7 - RULES GOVERNING THE DISCLOSURE OF INFORMATION PERTAINING TO MENTALLY DISABLES CLIENTS › Section 193-7-C - APPEAL

Current through 2024-29, July 17, 2024
(1) Appeal of Denied Request. A family member
				or other person who has requested information and whose request has been denied
				because the client does not consent to the disclosure, may appeal the denial to
				the Commissioner of the Department of Mental Health and Mental Retardation by
				filing an written letter of appeal with the Commissioner.
(2) Submission of Copy of Request. If the
				appeal does not include a copy of the original request, the Commissioner shall
				request that the family member or other person submit a copy. If the person
				requesting the appeal fails to submit a copy of the request within 30 days, the
				Commissioner shall dismiss the appeal and notify the individual and the client
				of the dismissal.
(3)
				Commissioner's Designee. An appeal shall be heard by a designee of the
				Commissioner who is a licensed mental health professional, although not
				necessarily in the employ of an agency funded, licensed or operated by the
				Department of Mental Health and Mental Retardation. The designee shall have no
				interests in the matter or information regarding the parties that may affect
				his or her impartiality.
(4)
				Commissioner's Actions Upon receipt of an appeal under these rules, the
				Commissioner shall take the following actions immediately:
a. Assign a qualified designee to adjudicate
				the appeal.
b. Set a date and place
				for hearing the appeal. The date shall be within 10 working days of receipt of
				the appeal, unless the person filing the appeal and the dint agree to a delay.
				The location for the hearing shall be at a place convenient to both the client
				and to the person filing the appeal. If convenience is in dispute, the hearing
				officer will use his or her discretion in deciding upon a place that the
				officer believes affords the utmost convenience to all parties to the
				hearing.
c. Notify the client and
				the agency licensed mental health professional that an appeal has been filed.
				The notice to the client shall include a copy of the appeal, a description of
				the appeal process, notice of the right to be represented in the proceedings
				and to appear at a hearing and/or to have a representative appear, a listing of
				agencies that may be able to provide representational assistance, the date and
				location of the hearing and notice that they may waive formal hearing in
				accordance with the provisions of C.7. below.
d. Notify the licensed mental health
				professional that an appeal has been filed and request that the professional
				inform the Commissioner immediately if he or she has reason to believe that
				disclosure would cause an imminent risk of serious physical harm to the client
				and, if so, the basis for the belief. The Commissioner and the Commissioner's
				designee shall not disclose this information to the person filing the
				appeal.
e. Notify the person filing
				the appeal of the date and location of the hearing, provide a description of
				the appeal process and include notice of their right to waive a formal hearing
				in accordance with the provisions of C.7. below.