2012 Maine Revised Statutes
TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES
Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM
34-B §5005-A. Advocacy agency

Subchapter 1: GENERAL PROVISIONS

§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.

[ 2011, c. 657, Pt. EE, §5 (NEW) .]

2. Duties. The department shall contract with the agency to:

A. 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; [2011, c. 657, Pt. EE, §5 (NEW).]

B. Investigate the claims, grievances and allegations of violations of the rights of individuals with intellectual disabilities or autism; [2011, c. 657, Pt. EE, §5 (NEW).]

C. Intercede on behalf of individuals with intellectual disabilities or autism with officials of any provider of service 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 or moot or for which there is clearly another remedy available; [2011, c. 657, Pt. EE, §5 (NEW).]

D. Assist individuals with intellectual disabilities or autism in any hearing or grievance proceeding pertaining to their rights and dignity; [2011, c. 657, Pt. EE, §5 (NEW).]

E. 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; [2011, c. 657, Pt. EE, §5 (NEW).]

F. 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; and [2011, c. 657, Pt. EE, §5 (NEW).]

G. 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 regarding the performance of the duties described in this section. [2011, c. 657, Pt. EE, §5 (NEW).]

[ 2011, c. 657, Pt. EE, §5 (NEW) .]

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.

[ 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 administered, licensed or funded by the department and to all reports and related documents submitted pursuant to section 5604-A.

[ 2011, c. 657, Pt. EE, §5 (NEW) .]

5. Confidentiality. Requests for confidentiality are treated as follows.

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. [2011, c. 657, Pt. EE, §5 (NEW).]

B. The records and accounts under paragraph A may be released only as provided by law. [2011, c. 657, Pt. EE, §5 (NEW).]

[ 2011, c. 657, Pt. EE, §5 (NEW) .]

SECTION HISTORY

2011, c. 657, Pt. EE, §5 (NEW).