Legislative Document No. 1377 H.P. 998 House of Representatives, March 26, 2019
An Act To Enhance and Improve the Maine Developmental Services Oversight and Advisory Board and To Establish an Independent Oversight Panel To Review Deaths of and Serious Injuries to Persons with Intellectual Disabilities or Autism
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative MADIGAN of Waterville.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA §12004-J, sub-§18 is enacted to read: 3 18. 4 Intellectual Panel To Review Expenses for 34-B MRSA §1971 5 Disability or Deaths of and uncompensated 6 Autism Serious Injuries to members 7 Persons with 8 Intellectual 9 Disabilities or 10 Autism
11 Sec. 2. 22 MRSA §1711-C, sub-§6, ¶T, as amended by PL 2017, c. 203, §3, is 12 further amended to read: 13 T. To a lay caregiver designated by an individual pursuant to section 1711-G; and 14 Sec. 3. 22 MRSA §1711-C, sub-§6, ¶U, as enacted by PL 2017, c. 203, §4, is 15 amended to read: 16 U. To a panel coordinator of the maternal, fetal and infant mortality review panel 17 pursuant to section 261, subsection 4, paragraph B-1 for the purposes of reviewing 18 health care information of a deceased person and a mother of a child who died within 19 one year of birth, including fetal deaths after 28 weeks of gestation. For purposes of 20 this paragraph, "panel coordinator" has the same meaning as in section 261, 21 subsection 1, paragraph E and "deceased person" has the same meaning as in section 22 261, subsection 1, paragraph B.; and 23 Sec. 4. 22 MRSA §1711-C, sub-§6, ¶V is enacted to read: 24 V. To the panel coordinator, appointed under Title 34-B, section 1972, subsection 1, 25 of the Panel To Review Deaths of and Serious Injuries to Persons with Intellectual 26 Disabilities or Autism, established in Title 5, section 12004-J, subsection 18, for the 27 purposes of reviewing health care information of a person with an intellectual 28 disability or autism receiving adult developmental services as defined in Title 34-B, 29 section 1001, subsection 1-A who has died or experienced a serious injury in the last 30 12 months. 31 Sec. 5. 22 MRSA §3474, sub-§3, ¶C, as corrected by RR 1991, c. 2, §80, is 32 amended to read: 33 C. A grand jury on its determination that access to those records is necessary in the 34 conduct of its official business; and 35 Sec. 6. 22 MRSA §3474, sub-§3, ¶D, as corrected by RR 1991, c. 2, §81, is 36 amended to read: 37 D. An advocacy agency conducting an investigation under chapter 961, United 38 States Public Law 88-164, Title I, Part C or United States Public Law 99-319,
Page 1 - 129LR1467(01)-1 1 regarding a developmentally disabled person or mentally ill person who is or who, 2 within the last 90 days, was residing in a facility rendering care or treatment, when a 3 complaint has been received by the agency or there is probable cause to believe that 4 that individual has been subject to abuse or neglect, and that person does not have a 5 legal guardian or the person is under public guardianship. The determination of 6 which information and records are relevant to the investigation is made by agreement 7 between the department and the agency.; 8 Sec. 7. 22 MRSA §3474, sub-§3, ¶¶E to G are enacted to read: 9 E. The panel coordinator, appointed under Title 34-B, section 1972, subsection 1, of 10 the Panel To Review Deaths of and Serious Injuries to Persons with Intellectual 11 Disabilities or Autism, established in Title 5, section 12004-J, subsection 18; 12 F. The Maine Developmental Services Oversight and Advisory Board, established in 13 Title 5, section 12004-J, subsection 15. A copy of the final report of any 14 investigation under this chapter related to a person receiving adult developmental 15 services as defined in Title 34-B, section 1001, subsection 1-A must be disclosed 16 under this paragraph. The department may as necessary redact the name of a reporter 17 and other information that may identify a reporter when necessary to protect the 18 reporter's request for anonymity; and 19 G. The guardian of a person receiving adult developmental services as defined in 20 Title 34-B, section 1001, subsection 1-A or, if the person does not have a guardian, 21 the person receiving adult developmental services. A copy of the final report of any 22 investigation under this chapter related to that person must be disclosed under this 23 paragraph. The department may refuse to disclose a report to a guardian if the 24 guardian is the subject of or the target of the investigation and may redact the name 25 of a reporter and other identifying information when necessary to protect the 26 reporter's request for anonymity. 27 Sec. 8. 34-B MRSA §1223, sub-§1, as amended by PL 2011, c. 542, Pt. A, §66, 28 is further amended to read:
29 1. Composition. The Maine Developmental Services Oversight and Advisory 30 Board, as established by Title 5, section 12004-J, subsection 15 and referred to in this 31 section as "the board," consists of 15 members appointed by the Governor from a list of 32 nominees proposed by the board pursuant to procedures established in the rules bylaws of 33 the board adopted in accordance with department rules adopted pursuant to subsection 11. 34 A. The board shall submit nominees to the Governor in writing at least 90 60 days 35 prior to the expected date of each vacancy. If within 60 days after a nomination is 36 submitted to the Governor the Governor does not appoint the nominee or notify the 37 board that the nomination is denied, the nominee is a member of the board upon a 38 vote in favor of the nominee by a majority of the members of the board. 39 B. In making nominations, the board shall endeavor to ensure adequate 40 representation at all times from different service regions of the State and from 41 interested stakeholder groups, including but not limited to: interested in the welfare of 42 and quality of delivery of services to persons with intellectual disabilities or autism in 43 the State.
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