An Act To Allow the Maine Developmental Services Oversight and Advisory Board Access to Investigations of Suspicious Deaths and Mortality Reviews Performed by the Department of Health and Human Services
Maine Legislature, Session 128, LD 1709
Committee: Health and Human Services
Sponsors: PARKER, GATTINE, PERRY, MAKER
Amends: 34-B MRSA §1223

Legislative Document
No. 1709
H.P. 1189
House of Representatives, December 22, 2017
An Act To Allow the Maine Developmental Services Oversight and 
Advisory Board Access to Investigations of Suspicious Deaths and 
Mortality Reviews Performed by the Department of Health and 
Human Services
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 19, 2017.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PARKER of South Berwick.
Cosponsored by Representatives: GATTINE of Westbrook, PERRY of Calais, Senator: 
MAKER of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 to H, information provided pursuant to this subsection may not contain personally 
identifying information about a person with intellectual disabilities or autism.
A.  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 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 for which 
access to such information is necessary to perform the function of the committee.
F.  A member of the board or the board's staff may directly access, with or without 
the permission of the person or that person's guardian, a record that is maintained 
pursuant to section 5470-B, subsection 7 or section 5605, subsection 15 as long as the 
member of the board or the board's staff does not further disseminate personally 
identifying information in the record without first obtaining written permission 
pursuant to paragraph D.  The department shall provide training that is adequate to 
enable a member of the board or the board's staff to access such a record.
G.  The department shall notify the board of any report to the medical examiner 
pursuant to Title 22, section 3478 made by the department or of which the department 
is aware that pertains to an adult receiving adult developmental services.
H.  A member of the board or the board's staff may directly access the records of an 
investigation into a suspicious death or of a mortality review conducted by the 
department or by a medical examiner pertaining to a deceased person who was 
receiving adult developmental services as long as the member of the board or the 
board's staff who has access to such information does not further disseminate 
personally identifying information from the investigation or mortality review without 
first obtaining the written permission of the deceased person's guardian, if there is 
one, or from the personal representative of the deceased person's estate.
SUMMARY
This bill grants the Maine Developmental Services Oversight and Advisory Board 
direct access to the personal planning and other records of a person receiving adult 
developmental services, subject to appropriate safeguards to protect the person's right to 
confidentiality, and grants the board direct access to the records of an investigation into 
the suspicious death of or the records of a mortality review pertaining to a person with 
intellectual disabilities or autism, subject to appropriate safeguards for the privacy of the 
deceased person.  It also requires the Department of Health and Human Services to notify 
the board of any report made to a medical examiner regarding a mandated reporter's 
knowledge or reasonable suspicion that an adult receiving adult developmental services 
has died as a result of abuse or neglect.