10-148-11 Me. Code R. § III

Current through 2024-51, December 18, 2024
Section 148-11-III - Response to Notification

Within five work days of receipt of notification, the Regional Program Manager shall respond in writing to the agency specifying the following:

A. Which of the requested records will be made available to the agency, and a time and place where those records may be reviewed;
B. If any requested records are refused, the specific reasons for the refusal. Reasons for refusal may include:
1. That the requested material is not relevant to the complaint;
2. That the requested material is confidential and pertains to persons other than the developmentally disabled client, and is not relevant to the complaint;
3. That release of the information is in violation of state and federal law;
C. Any limitations on the use of the records;
D. A time and place for a meeting to discuss the complaint and desired corrective action.
E. Within 5 working days of the meeting the Regional Program Manager shall respond to any request of the Advocacy Agency to represent the developmentally disabled person and any request to communicate directly with the developmentally disabled person. Any denial of "the request must contain reasons for denial.

If there is denial of representation, and if after discussion of the complaint, the advocacy agency continues to believe the developmentally disabled persons rights may be violated, the Regional Office shall provide the advocacy agency with a specific plan including time frame for remediating the violation of rights, or shall-state in writing why it believes no violation of rights exists.

F. If during the course of an investigation access to records or to communication with the developmentally disabled person is desired by the advocacy agency, but was not previously requested the advocacy agency may request in writing access to records or to communicate with the developmentally disabled person. The Regional Program. Manager must respond within 5 working days, as specified in subsections A-E.

10-148 C.M.R. ch. 11, § III