Department Case File and Public Log

(1) Department Case File. (a) A file, known as the Department case file, shall be kept for each complaint and appeal received by the Department or its contracted for programs or facilities and for each Commissioner's Investigation conducted pursuant to 104 CMR 32.06. The Department case file shall consist of the complaint, any fact-finding report, the decision letter, requests for reconsideration, appeals, and decisions on requests for reconsideration and appeals. (b) Release of any portion of the Department case file shall be subject to redaction of protected information consistent with the requirements of federal and state privacy laws, including but not limited to, the provisions of the federal Health Information Portability and Accountability Act (HIPAA), Fair Information Practices Act (FIPA), M.G.L. c. 66A, M.G.L. c. 123, § 36, and applicable exemptions under M.G.L. c. 4, § 7(26). (c) Subject to redaction of protected information to which a person does not have a right of access, upon written request: 1. Any person who is mentioned in the Department case file will have access to a copy of that portion of the case file in which he or she is mentioned. 2. Any party, as defined in 104 CMR 32.02, may receive a copy of the Department case file. 3. If a complaint involves a client of the Department, the client's attorney may receive a copy of the Department case file, which pursuant to M.G.L. c. 123, § 36 may contain such client's protected information. 4. If a complaint involves an individual that is not otherwise a client of the Department, such client's attorney may receive a copy of the Department case file, which if such client's authorization is provided may contain such client's protected information. (d) Subject to the redaction of all protected information set forth in 104 CMR 32.07(1)(b), a complainant who is not otherwise a party, shall receive a summary of the decision. (e) The Department case file for investigations conducted pursuant to 104 CMR 32.04(5) shall be maintained by the Office of Investigations. (f) The Department case file for administrative reviews conducted pursuant to 104 CMR 32.04(3) and for fact-finding activities conducted pursuant to 104 CMR 32.04(4) shall be maintained by the Responsible Person. Public Log. The Department shall maintain a public log of all complaints concerning Department operated or contracted for programs or facilities, complaints concerning Department licensed programs or facilities investigated pursuant to 104 CMR 32.04(5), and for each Commissioner's Investigation pursuant to 104 CMR 32.00, in such form as the Commissioner may from time to time prescribe. Each complaint and appeal shall be assigned a public log number which shall be referenced in the case file. The log shall be kept by the Office of Investigations. (a) The log will not include personal identities or any other information that is exempt from disclosure as a public record, and will be a public record, available for inspection and copying by members of the public as provided in M.G.L. c. 66, § 10. (b) The log shall include the public log number, type of complaint, whether the complaint was substantiated, whether any requests for reconsideration or appeals were filed, and the outcome of such requests for reconsideration or appeals. (c) Data necessary to maintain the public log shall be provided to the Office of Investigations in a manner and form prescribed by it.