An Act To Reestablish the Office of Advocacy within the Department of Health and Human Services
Maine Legislature, Session 128, LD 1676
Committee Amendment CA_B_H770 (House)
Amends: 5 MRSA §200-H

COMMITTEE AMENDMENT "e" to H.P. 1164, L.D. 1676, Bill, "An Act To 
Reestablish the Office of Advocacy within the Department of Health and Human 
Services" 
Amend the bill by striking out the title and substituting the following: 
'An Act Expanding the Authority of the Maine Elder Death Analysis Review Team 
To Investigate Deaths and Serious Injuries of Persons with Intellectual Disabilities 
or Autism' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and insetting the following: 
'Sec. 1. 5 MRSA §200-H, sub-§1, as amended by PL 2015, c. 267, Pt. GG, §1, is 
futther amended to read: 
1. Composition. The team is composed of +6 17 members as follows: 
A. The Chief Medical Examiner, ex officio; 
B. The Director of Investigations for the Office of the Attorney General, ex officio; 
C. The Director of the Division of Licensing and Regulatory Services within the 
Department of Health and Human Services, ex officio; 
D. The Director of the Health Care Crimes Unit within the Office of the Attorney 
General, ex officio; 
E. 
The Director of Aging Planning and Resources Development within the 
Department of Health and Human Services, Office of Elder and Adult Services, ex 
officio; 
F. The Director of the Adult Protective Services program within the Department of 
Health and Human Services, Office of Elder and Adult Services, ex officio; 
G. The Director of Adult Mental Health Services within the Department of Health 
and Human Services, ex officio; 
COMMITTEE AMENDMENT 
(·'=' 
COMMIITEEAMENDMENT"'>" toH.P.1164, L.D.1676 
G-1. The director of the office providing adult developmental services to persons 
with intellectual disabilities or autism within the Department of Health and Human 
Services, ex officio; 
H. The executive director of the long-term care ombudsman program, as established 
in Title 22, section 5106, subsection 11-C, ex officio; 
H-1. A sexual assault nurse examiner within the Department of Health and Human 
Services; 
I. A representative of victim services, appointed by the Attomey General; 
J. 
A commanding officer of the Criminal Investigation Division within the 
Department of Public Safety, Bureau of the State Police, appointed by the Attorney 
General; 
K. A prosecutor, nominated by a statewide association of prosecutors and appointed 
by the Attorney General; 
L. A police chief, nominated by a statewide association of chiefs of police and 
appointed by the Attorney General; 
M. A sheriff, nominated by a statewide association of sheriffs and appointed by the 
Attomey General; 
N. A physician, a geriatrician or a primary care physician who works in the area of 
elder care, nominated by a statewide association of physicians and appointed by the 
Attorney General; and 
0. An emergency medical services' person, nominated by a statewide association of 
emergency medical services professionals and appointed by the Attorney General. 
Sec. 2. 5 MRSA §200-H, sub-§4-A is enacted to read: 
4-A. Examination of deaths and serious injuries of persons with intellectual 
disabilities or autism. In addition to any powers and duties described in subsection 4, 
the team shall examine all cases of deaths and serious injuries of persons with intellectual 
disabilities or autism as described in this subsection. 
A. The Office of the Attorney General shall conduct a preliminary examination of all 
cases of deaths and serious injuries of persons with intellectual disabilities or autism 
receiving adult developmental services, as defined in Title 34-B, section 1001, 
subsection 1-A, to determine which cases are referred to the team for further review. 
Cases must be referred to the team if any of the following circumstances exist: 
(1) The death or serious injury was unexpected; 
(2) Facts or circumstances that would indicate that the death or serious injury 
could have been prevented; 
(3) Issues with the system of care described in Title 34-B, section 5003-A are 
implicated; or 
( 4) Other issues related to the case indicate the case should be reviewed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 1164, L.D. 1676 
B. The team shall examine all cases of death and serious injury that are referred by 
the Office of the Attorney General pursuant to paragraph A. The purpose of the 
examination is to identify whether systems established to assist or protect persons 
with intellectual disabilities or autism from abuse and neglect were sufficient for the 
particular circumstances related to the death or serious injury or whether such 
systems require adjustment or improvement. The team shall recommend methods to 
the Attorney General and the Department of Health and Human Services for 
improving the system for protecting persons from abuse and neglect, including 
modification of statutes, rules. training and policies and procedures, and for services 
provided to persons with intellectual disabilities or autism receiving adult 
developmental services. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration -Attorney General 0310 
Initiative: Appropriates funds for the costs of one Attorney General Detective position to 
investigate all deaths and serious injuries of persons with intellectual disabilities or 
autism receiving adult developmental services and provides funding for related All Other 
costs. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Human Services Division 0696 
2017-18 
0.000 
$0 
$0 
$0 
2018-19 
1.000 
$100,277 
$11,548 
$111,825 
Initiative: Allocates funds for the costs of one Assistant Attorney General position and 
one Paralegal position to investigate all deaths and serious injmies of persons with 
intellectual disabilities or autism receiving adult developmental services and provides 
funding for related All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2017-18 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2018-19 
2.000 
$177,571 
$23,095 
$200,666 
COMMITTEEAMENDMENT"~"toH.P.1164,L.D.1676 
ATTORNEY GENERAL, DEPARTMENT OF 
THE 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
HEAL TH AND HUMAN SERVICES, DEPARTMENT OF 
Developmental Services - Community Z208 
Initiative: Provides funding for increased legal services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
2017-18 
$0 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
2017-18 
$0 
$0 
$0 
2018-19 
$111,825 
$200,666 
$312,491 
2018-19 
$200,666 
$200,666 
2018-19 
$200,666 
$200,666 
2018-19 
$312,491 
$200,666 
$513,157 
This amendment, which is the minority rep01i of the committee, replaces the bill. It 
requires the Maine Elder Death Analysis Review Team created in the Office of the 
Attorney General to unde1iake an examination of all deaths and serious injuries of 
persons with intellectual disabilities or autism receiving adult developmental services 
from the Department of Health and Human Services. The Office of the Attorney General 
is required to examine all cases of death or serious injury and refer cases to the Maine 
Elder Death Analysis Review Team in which the death or serious injury was not expected 
COMMITTEE AMENDMENT 
';·;, 
CO:tvfMITTEE AMENDMENT"~" to H.P. 1164, L.D. 1676 
or could have been prevented and cases for which there were system issues identified or 
there were other issues that indicate that a case should be reviewed. The team must 
identify whether systems that assist or protect persons receiving adult developmental 
services are sufficient for the particular circumstances or whether improvement is 
necessary. The team must recommend methods for improvement to the Office of the 
Attorney General and the Department of Health and Human Services. The amendment 
also adds the director of the office within the Department of Health and Human Services 
that provides adult developmental services to persons with intellectual disabilities or 
autism to the Maine Elder Death Analysis Review Team. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/12/18 feac. 
LD 1676 
LR 2500(03) 
An Act To Reestablish the Office of Advocacy within the Department of Health and Human Services 
Fiscal Note for Bill as Amended by Committee Amendment ,!J,(ll- 7P>) 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
$0 
$0 
$0 
FY 2018-19 
$312,491 
$312,491 
$200,666 
Projections 
FY 2019-20 
$318,215 
$318,215 
$207,005 
Projections 
FY 2020-21 
$324,347 
$324,347 
$215,423 
This bill includes an appropriation of $111,825 in fiscal year 2018-19 to the Office of the Attorney General (OAG) for 
the costs of one Attorney General Detective position and allocates $200,666 in Other Special Revenue Funds to 
establish one Assistant Attorney General position and one Paralegal positon in the OAG to investigate all deaths and 
serious injuries of persons with intellectual disabilities or autism receiving adult developmental services. 
The bill also includes General Fund appropriations to the Department of Health an Human Services of $200,666 in 
fiscal year 2018-19 to fund the Assistant Attorney General position and the Paralegal positon in the OAG. 
Any additional costs to the Department of Health and Human Services to take part in the Maine Elder Death Analysis 
Review Team are expected to be minor and can be absorbed within existing budgeted resources. 
LR2500(03) - Fiscal Note - Page 1 of 1