APPROVED CHAPTER
MAY 2, 2022 686
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
H.P. 526 - L.D. 716
An Act To Enhance and Improve the Maine Developmental Services
Oversight and Advisory Board
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3474, sub-§3, ¶C, as corrected by RR 1991, c. 2, §80, is
amended to read:
C. A grand jury on its determination that access to those records is necessary in the
conduct of its official business; and
Sec. 2. 22 MRSA §3474, sub-§3, ¶D, as corrected by RR 1991, c. 2, §81, is
amended to read:
D. An advocacy agency conducting an investigation under chapter 961, United States
Public Law 88-164, Title I, Part C or United States Public Law 99-319, regarding a
developmentally disabled person or mentally ill person who is or who, within the last
90 days, was residing in a facility rendering care or treatment, when a complaint has
been received by the agency or there is probable cause to believe that that individual
has been subject to abuse or neglect, and that person does not have a legal guardian or
the person is under public guardianship. The determination of which information and
records are relevant to the investigation is made by agreement between the department
and the agency.; and
Sec. 3. 22 MRSA §3474, sub-§3, ¶E is enacted to read:
E. The Maine Developmental Services Oversight and Advisory Board established in
Title 5, section 12004-J, subsection 15. Access is limited to aggregate data regarding
investigations under this chapter relating to persons receiving adult developmental
services as defined in Title 34-B, section 1001, subsection 1-A. Data must be provided
at least quarterly. The determination of aggregate data to be provided is made by
agreement between the department and the Maine Developmental Services Oversight
and Advisory Board.
Sec. 4. 34-B MRSA §1223, sub-§6, as enacted by PL 2007, c. 356, §7 and affected
by c. 695, Pt. D, §3, is amended to read:
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 6. Budget. The Department of Administrative and Financial Services shall administer
the budget of the board. The board shall provide to the commissioner Commissioner of
Administrative and Financial Services a proposed budget in accordance with a schedule
agreed to by the chair and the commissioner Commissioner of Administrative and Financial
Services. The department Department of Administrative and Financial Services shall
include in its estimate of expenditure and appropriation requirements filed pursuant to Title
5, section 1665 sufficient funds, listed in a separate account as a separate line item, to
enable the board to perform its duties.
Sec. 5. 34-B MRSA §1223, sub-§10, as amended by PL 2013, c. 310, §1, is further
amended to read:
10. Access to information. The board is entitled to access to information from the
department necessary to carry out its functions. Except as provided in paragraphs D and
E, information provided pursuant to this subsection may not contain personally identifying
information about a person with intellectual disabilities or autism.
A. The Within existing resources, the department shall provide the board, on a
schedule to be agreed upon between the board and the department, reports on case
management, reportable events, adult protective and rights investigations, unmet
needs, crisis services, quality assurance, quality improvement, budgets and other
reports that contain data about or report on the delivery of services to or for the benefit
of persons with intellectual disabilities or autism, including reports developed by or on
behalf of the department and reports prepared by others about the department.
B. The Within existing resources, the department, when requested by the board or
pursuant to a written agreement with the board, shall release to the board information
pertaining to alleged abuse, exploitation or neglect or an alleged dehumanizing practice
or violation of rights of a person with intellectual disabilities or autism.
D. The board may examine confidential information in individual records with written
permission of the person or that person's guardian. If the person or that person's
guardian provides the board with written permission to examine confidential
information, the board must maintain the confidentiality of the information as required
by section 1207.
E. The A member of the board or the board's staff may receive and examine
confidential information when otherwise authorized to do so by law, including but not
limited to when serving on a committee established by the department or other entity
for which access to such information is necessary to perform the function of the
committee.
Sec. 6. Data assessment report. The Maine Developmental Services Oversight
and Advisory Board established in the Maine Revised Statutes, Title 5, section 12004-J,
subsection 15 shall include in its annual report provided to the Legislature pursuant to Title
34-B, section 1223, subsection 9, paragraph D an assessment of the adequacy of the
aggregate data provided pursuant to Title 22, section 3474, subsection 3, paragraph E to
the board's ability to carry out its functions and duties established in Title 34-B, section
1223, subsections 8 and 9.
Sec. 7. Department data assessment report. The Department of Health and
Human Services shall report to the joint standing committee of the Legislature having
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jurisdiction over health and human services matters no later than January 15, 2023 an
assessment of the adequacy of the aggregate data provided pursuant to the Maine Revised
Statutes, Title 22, section 3474, subsection 3, paragraph E to the Maine Developmental
Services Oversight and Advisory Board established in Title 5, section 12004-J, subsection
15.
Sec. 8. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Developmental Services Oversight and Advisory Board N939
Initiative: Provides funding for the Maine Developmental Services Oversight and Advisory
Board.
GENERAL FUND 2021-22 2022-23
All Other $0 $137,682
__________ __________
GENERAL FUND TOTAL $0 $137,682
ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2021-22 2022-23
GENERAL FUND $0 $137,682
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $137,682
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Developmental Services - Community Z208
Initiative: Deappropriates funding for the Maine Developmental Services Oversight and
Advisory Board contract within the Department of Health and Human Services.
GENERAL FUND 2021-22 2022-23
All Other $0 ($137,682)
__________ __________
GENERAL FUND TOTAL $0 ($137,682)
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS 2021-22 2022-23
GENERAL FUND $0 ($137,682)
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 ($137,682)
SECTION TOTALS 2021-22 2022-23
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 GENERAL FUND $0 $0
__________ __________
SECTION TOTAL - ALL FUNDS $0 $0
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Statutes affected:
Bill Text LD 716, HP 526: 22.1711, 22.3474, 34-B.1223
Bill Text ACTPUB , Chapter 686: 22.3474, 34-B.1223