This rule governs the disclosure of limited confidential information—specifically names and dates of death—about individuals who died while patients at Maine's three state psychiatric facilities (Augusta Mental Health Institute, Bangor Mental Health Institute, and Riverview Psychiatric Center) for the sole purpose of creating public memorials. The Department must provide notice to surviving relatives before releasing any information and must honor objections from relatives who wish to prevent disclosure. No other patient information beyond name and date of death may be included in a memorial.
View official source14–193 Department of Health and Human Services Chapter 20: Rules Governing the Disclosure of Limited Information Pertaining to Individuals Who Died in State Psychiatric Facilities for Purposes of Creating a Memorial ______________________________________________________________________________ Section 1. Introduction Title 34-B MRSA §1207(1)(H) authorizes the Department to adopt rules to make available to the public the names and dates of death of individuals who died while patients at the Augusta Mental Health Institute, the Bangor Mental Health Institute, or the Riverview Psychiatric Center. The rules must require the Department to notify the public regarding the release of the information and to maintain the confidentiality of information concerning any deceased individual whose surviving relatives notify the department that they object to public disclosure. These rules apply only to information maintained by the Department of Health and Human Services and only for the purpose of creating a Memorial. Section 2. Definitions 1. Individual who died at a State Facility. An individual who died at a State Facility is a person who was a patient at a State Facility, and who died -- a. while an inpatient at one of these facilities; b. during an escape from one of these facilities; or c. within three days of transfer from one of these facilities to another medical hospital. 2. Relative. A relative is a spouse, a parent or stepparent, a sibling or stepsibling, or an adult child or adult stepchild of an Individual who died at a State Facility. 3. State Facility. A state facility is Augusta Mental Health Institute, Bangor Mental Health Institute, or Riverview Psychiatric Center. 4. Memorial. A memorial is a permanent monument or centrally located record that is created for the purpose of remembering and honoring Individuals who died at a State Facility and to which the public has reasonable access. Section 3. Use of Previously Confidential Information 1. The Department may release to the public otherwise confidential information about Individuals who died at State Facilities for the sole purpose of creating and maintaining Memorials at State Facilities. The release must be only to the extent necessary to create and maintain the Memorials. 2. Only the name and date of death of an Individual who died at a State Facility may be part of a Memorial. The Department must maintain the confidentiality of all other information as required by state and federal laws. Section 4. Notice to Relatives of Intent to Release Information 1. Before creating a Memorial, the Department must notify Relatives of its intent to release confidential information of individuals to the extent permitted under this rule for the purpose of creating a Memorial. 2. Notice to Relatives of Individuals who died at a State Facility during or after 1980 shall be made in writing to the next of kin if the name of next of kin and an address can be discerned from the individual’s medical record maintained at the State Facility. 3. Notice to Relatives of Individuals who died at a State Facility before 1980 shall be made by placing notices in selected newspapers to achieve statewide publication and on the State of Maine web site describing the Department’s intent to create a Memorial. Notice must state that the name and date of death of Individuals who died at State Facilities may be part of the Memorial and must note the process by which Relatives may prevent release of that information. Section 5. Relatives’ Right to Prevent Release of Information 1. Any Relative of an Individual who died at a State Facility may prevent the Department from including the Individual in a Memorial by notifying the Department of the Relative’s objection within the deadline specified in the public or individual notice. Once the deadline has passed without an objection being made, the Department may include the Individual’s information in the Memorial and maintain it there without liability to or other recourse by any Relative of the Individual. 2. A Relative who wishes to prevent release of information shall notify the Department of any objection in writing, in person, by e-mail, or by telephone. A Relative who is objecting to release of information must identify himself or herself to the satisfaction of the Department, provide the name of the Individual who died at a State Facility, and state the relationship of the Relative to the Individual. The Department shall not require a Relative to provide proof of the relationship to make a valid objection. 3. Any Relative who has objected to including a related Individual who died at a State Facility in a Memorial may reverse that decision at any time and request inclusion of that family member in a Memorial. In its discretion, the Department may include the Individual after all Relatives presenting initial objections notify the Department that they wish to reverse their decisions. Section 6. Additions and Corrections to Memorials When information included in a Memorial is incomplete or incorrect, interested persons may provide the missing or corrected information to the Department in writing, by letter or e-mail. If the Department is satisfied that the provided information is accurate, the Department may add or correct the information included in the Memorial. EFFECTIVE DATE: May 1, 2005 – filing 2005-109 14-193 Chapter 20 page PAGE 3 PAGE