Maine § 1828. - Records; disclosure

(1) Any person who makes a complaint to the department;  

(2) A resident or a recipient of services of any facility or provider licensed or certified by the department;  

(3) Any recipient of a public welfare program, such as the United States Social Security Act, Title XIX; or  

(4) Any medical or personal information concerning the individuals listed in subparagraphs (2) and (3).   [PL 1989, c. 175, §2 (NEW).]

2.  Optional disclosure.  The department may disclose relevant confidential information to the extent allowed by federal law and regulation to the following persons or agencies:

A. Employees of the department and legal counsel for the department in carrying out their official functions;   [PL 1989, c. 175, §2 (NEW).]

B. Professional and occupational licensing boards pursuant to chapter 857;   [PL 1989, c. 175, §2 (NEW).]

C. An agency or person investigating a report of abuse or neglect when the investigation is authorized by law or by an agreement with the department;   [PL 1989, c. 175, §2 (NEW).]

D. A physician treating an individual whom the physician reasonably suspects may have been abused or neglected;   [PL 1989, c. 175, §2 (NEW).]

E. The resident or recipient of services on whose behalf the complaint was made; or   [PL 1989, c. 175, §2 (NEW).]

F. A parent, guardian, spouse or adult child of a resident or recipient of services or any other person permitted by the resident or recipient to participate in decisions relating to the resident's or recipient's care.   [PL 1989, c. 175, §2 (NEW).]

3.  Mandatory disclosure.  The department shall disclose relevant confidential information to the extent allowed by federal law and regulations to the following:

A. A law enforcement agency investigating a report of abuse or neglect or the commission of a crime by an owner, operator or employee of a facility or provider; or   [PL 1989, c. 175, §2 (NEW).]

B. Appropriate state or federal agencies when disclosure is necessary to the administration of the Medicaid program.   [PL 1989, c. 175, §2 (NEW).]

4.  Further disclosure.  Information released pursuant to subsections 2 and 3 shall be used solely for the purpose for which it was provided and shall not be further disseminated.