Limiting Authority to Consent for Entry or Records Review- State Hospitals

Model Policy and Guidance for State Hospitals: Limiting Authority to Consent for Entry or Records Review

Issued September 28, 2026

The Office of the Attorney General publishes this model policy and guidance for state hospitals (defined here as “state institutions,”) to ensure facilities that provide services to members of the public remain safe and accessible to all state residents regardless of immigration status by limiting, to the fullest extent possible, consistent with state and federal law, voluntary consent for entry into nonpublic areas of the facility by law enforcement officers for immigration enforcement purposes, and disclosure of protected records held by the facility to law enforcement officers for immigration enforcement purposes.

I. Definitions

A. “Health care facility” is a facility, institution, or entity licensed by the Department of Health and Human Services that offers health care to persons in this State, including a home health care provider and hospice program. “Health care facility” also includes a pharmacy licensed by the Maine Board of Pharmacy. 

B. “Law enforcement officer” means a person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions, or who is an adult probation supervisor.

“Law enforcement officer” includes the following federal officers who are authorized to carry firearms in the performance of their duties as federal law enforcement employees or officers[1]:

• Special Agents: A federal officer who is a special agent of the United States Secret Service of the Department of Homeland Security; and

• Immigration, Customs, or Border Security: A federal officer of an agency within the Department of Homeland Security that has administrative and enforcement jurisdiction over immigration, customs, or border security matters. This may include, for example, a federal officer within the United States Customs and Border Protection, United States Immigration and Customs Enforcement, or United States Citizenship and Immigration Services.

C. “Nonpublic area” means an area of a building or facility that the public is not free to enter or access and includes a restricted access area within a building or facility that is otherwise predominately open to the public. “Nonpublic area” also includes all areas within a building or facility during any time the building or facility is closed for operation. At the state institutions, “nonpublic area” includes all areas of the building or facility beyond the security check-in point at reception and where badge or key access is required.

D. “Protected health care information” means information that directly identifies the individual and relates to an individual's physical, mental, or behavioral condition, personal or family medical history, or medical treatment or the health care provided to that individual. This includes individually identifiable health care information that is restricted from disclosure by HIPAA (Health Insurance Portability Act of 1996). 

At the state institutions, “protected health care information” includes all orders of commitment, medical and administrative records, applications and reports, and facts contained in them, pertaining to any patient.

E. “State institution” means Riverview Psychiatric Center or Dorothea Dix Psychiatric Center.

F. “Person acting on behalf of a state institution” includes employees at the state institution, hired contractors at the state institutions, Capitol Police stationed at Riverview Psychiatric Center, as well as employees of the Department of Health and Human Services acting on behalf of the Commissioner in furtherance of the Commissioner’s responsibility to maintain the state institution.

II. Policies

A. Entry Into Nonpublic Areas

A person acting on behalf of a state institution may not voluntarily permit a law enforcement officer to enter a nonpublic area of the state institution for immigration enforcement purposes. The state institution shall ensure that any person acting on its behalf is informed of this policy.

To effectuate this policy, the state institution should identify all persons who are authorized to receive and screen visitors. If a law enforcement officer presents at the state institution and seeks to gain entry to nonpublic areas of the state institution, the state institution shall ensure that the law enforcement officer is directed to a person who is authorized to receive and screen visitors. That person should ask the law enforcement officer to identify their purpose for accessing nonpublic areas. If the law enforcement officer indicates an immigration enforcement purpose,[1] then the person should ask the law enforcement officer for a court-issued warrant. The person should advise the law enforcement officer that the state institution must first consult with the Office of the Attorney General prior to allowing access to nonpublic areas of the state institution.

If the law enforcement officer presents a warrant or other documents that the officer contends authorize access, the person should photograph or otherwise copy all pages of those documents and send them to the Assistant Attorney General assigned to represent the state institution. The person should then await further instructions from the Office of the Attorney General.

If the law enforcement officer insists on accessing nonpublic areas of the state institution without a warrant or other lawful order authorizing access, or before the Office of the Attorney General has reviewed those documents, the person should make clear to the officer that the state institution objects to the officer’s entry into the nonpublic areas. The person should contact the Assistant Attorney General assigned to represent the state institution but should not attempt to physically interfere with the law enforcement officer or obstruct the officer’s entry into the nonpublic areas.

B. Access to Protected Health Care Information

A person acting on behalf of a state institution may not voluntarily permit a law enforcement officer to access protected health care information for immigration enforcement purposes. The state institution shall ensure that any person acting on its behalf is informed of this policy.

To effectuate this policy, the state institution should identify all persons who are authorized to disclose a patient’s protected health care information consistent with all applicable federal and state laws. If a law enforcement officer seeks access to protected health care information, the state institution shall ensure that the law enforcement officer is directed to a person who is authorized to disclose such information consistent with all applicable federal and state laws. That person should ask the law enforcement officer to identify their purpose for accessing protected health care information. If the law enforcement officer indicates an immigration enforcement purpose, then the person should advise the law enforcement officer that the state institution must first consult with the Office of the Attorney General prior to allowing access to protected health care information.

The state institution should then contact the Assistant Attorney General assigned to represent the state institution and await further instructions from the Office of the Attorney General. The state institution may also wish to consult with the Department of Health and Human Services’ Director of Healthcare Privacy regarding any questions about disclosure of protected health care information.

Access may be provided if counsel confirms that disclosure of protected health care information is required by a court order or by state or federal law.

C. Mandatory Compliance Activities

Notwithstanding section II(A) of this policy, if a state institution is required by federal law to permit a law enforcement officer to inspect specific records that do not contain protected health care information or to conduct interviews regarding the eligibility of noncitizens to work in the United States the state institution: (1) shall designate a nonpublic area within the state institution where federal immigration officials may conduct these inspections and interviews; and (2) may permit law enforcement officers to access a specific location to verify eligibility for employment, if federal law requires that law enforcement officers be provided access to that specific location within the state institution when conducting these inspections and interviews.

To effectuate this policy, the state institution should identify all persons who have access to employment records and employment policies at the state institution. If a law enforcement officer asks to inspect specific records that do not contain protected health information and that pertain to the eligibility of a noncitizen to work in the United States, or the law enforcement officer asks to conduct interviews regarding the eligibility of a noncitizen to work in the United States, the state institution shall ensure the law enforcement officer is first directed to a person who has access to employment records and employment policies at the state institution. That person should ask the law enforcement officer to identify the federal law supporting the law enforcement officer’s request. That person should then advise the law enforcement officer that the state institution must first consult with the Office of the Attorney General.

The state institution should then contact the Assistant Attorney General assigned to represent the state institution and await further instructions from the Office of the Attorney General.

If the Office of the Attorney General confirms the law enforcement officer is lawfully permitted to conduct these inspections or interviews, the state institution shall coordinate with the law enforcement officer to ensure the officer has access to a nonpublic area of the state hospital for these inspections or interviews.

III. Mandatory Adoption by State Institutions