Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 607 - ASPIRE-TANF PROGRAM RULES › Section 144-607-4 - CONFIDENTIALITY, PARTICIPANT'S RIGHTS AND RESPONSIBILITIES, GOOD CAUSE, FAIR HEARINGS, SANCTIONS, INTENTIONAL PROGRAM VIOLATIONS, OVERPAYMENT PROCEDURES

Current through 2024-29, July 17, 2024
SUMMARY.
This Section summarizes participants'
				  rights and responsibilities including fair hearings, grievance procedures, and
				  confidentiality. The Section also outlines Good Cause and sanctionable
				  actions.
I.
CONFIDENTIALITY
A. Release of
				information about a participant to other Offices and Divisions within the
				Department of Health and Human Services or agencies under contract with
				ASPIRE-TANF, will be made only when such release is directly related to the
				administration of the ASPIRE-TANF activity for which information is needed.
Release of information to entities, other than those within
				  the Department or agencies under contract with ASPIRE-TANF regarding
				  participants will be made only upon receipt of written permission from the
				  participant affected. This general rule relating to release of information
				  applies to all requests from outside of the Department including other
				  governmental authorities (local, State and Federal), courts of law, and law
				  enforcement agencies, except as provided in Section 4, Subsection I, B. No
				  information will be given to an absent parent concerning a participant without
				  the written permission of said participant.
In addition, when information is sought and the
				  participant's permission is furnished, ASPIRE-TANF will disclose only such
				  information as is directly related to the administration of ASPIRE-TANF or the
				  agency requesting the information.
B. Exceptions to the requirement of obtaining
				the participant's written permission for release of information outside the
				Department are as follows:
1. In an emergency
				situation when the participant's consent for release of information cannot be
				obtained, and ASPIRE-TANF decides it is in the best interest of the participant
				to release the requested information, ASPIRE-TANF may release such information
				without written permission of the participant, with approval of a supervisor or
				supervisor's designee. The participant will be notified as soon as possible
				about the release and the reason for such release.
2. Release of information to employers may be
				made as part of a job development or ASPIRE-Plus/OJT contract development
				activity providing that activity is included in the Family Contract Amendment
				which has been signed by the participant.
3. If a subpoena or order is issued from a
				court for a case record, or for ASPIRE-TANF staff to testify concerning a
				participant, ASPIRE-TANF will call the court's attention to statutory
				provisions and regulations against disclosure of information. The decision
				regarding release of information will reside with the presiding
				judge.
4. A participant's current
				address only may be made available to Federal, State or local law enforcement
				officers if the officer furnishes ASPIRE-TANF with the participant's name and
				demonstrates that:
a. The participant is
				fleeing to avoid prosecution, or custody or confinement after conviction, under
				the laws of the place from which the individual flees, for a crime, or an
				attempt to commit a crime, which is a felony under the laws of the place from
				which the individual flees; or
b.
				The participant is violating a condition of probation or parole imposed under
				Federal or State law; and
c. The
				location or apprehension of the participant is within the officer's official
				duties; and
d. The request is made
				in proper exercise of those duties.
5. In circumstances other than those covered
				in Section B, 4, when ASPIRE-TANF employees are asked by a law enforcement
				officer for the current address or other information regarding a participant,
				the employee should State that ASPIRE-TANF has no legal authority to disclose
				the information; but that ASPIRE-TANF will contact the participant and ask for
				permission to discuss the information, or to encourage the participant to come
				forward.
C. With
				advance written notice of one working day a participant, or a participant's
				designated representative, may view the contents of the case record during
				normal business hours and on the premises where the case record is normally
				kept. Upon request, ASPIRE-TANF will make photocopies of relevant portions of
				the case record for the participant, or the designee, to take from the
				premises. The provision for advance written notice of one working day will be
				waived in instances where a supervisor meeting, or similar event, has been
				scheduled within twenty-four hours of its being requested.
Information contained in the case record and deemed
				  confidential by ASPIRE-TANF (e.g., names of persons providing information, or
				  information about other persons, of which the participant should not be aware
				  and which has no bearing on the participant's right to due process) must be
				  removed, de-identified or deleted prior to the participant viewing the record.
				  Information removed from the case record will not be used by either party in
				  hearings or similar proceedings.
D. ASPIRE-TANF will take all necessary
				precautions to ensure that paper case records and other information regarding
				participants are kept, when not in use, in filing cabinets or drawers out of
				public view. Case records may be viewed by supervised ASPIRE-TANF trainees,
				temporary employees or contractors who have signed a Statement informing them
				of their responsibilities to ensure client confidentiality.