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 Amendment CA_A_H702 (House)

COMMITTEE AMENDMENT "A " 
to H.P. 1189, L.D. 1709, Bill, "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" 
Amend the bill in section 1 in subsection 10 in paragraph Fin the 2nd line (page 1, 
line 29 in L.D.) by inserting after the following: 
"record" the following: 
'in the 
possession of the department' 
Amend the bill in section 1 in subsection 10 in paragraph H in the last line (page 2, 
line 3 in L.D.) by inserting after the following: "estate." the following: 'This paragraph 
does not authorize the disclosure of a record generated by a hospital and provided to the 
department that is otherwise confidential, including. but not limited to. a sentinel event 
record. a root cause analysis and a professional competency review. As used in this 
paragraph. "sentinel event" has the same meaning as in Title 22, section 8752, subsection 
4-A and "root cause analysis" has the same meaning as in Title 22, section 8752, 
subsection 3-B.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Department of Health and Human Services to implement within 
existing resources. The Department of Health and Human Services shall implement 
the requirements of this Act within existing resources.' 
SUMMARY 
This amendment is the majority report of the committee. It clarifies that records 
being accessed by the Maine Developmental Services Oversight and Advisory Board are 
records that are in the possession of the Department of Health and Human Services and 
do not include records generated by a hospital. The department is required to implement 
the requirements of this legislation within ex,isting resources. 
FISCAL :\OTE RE(.!LlRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/19/18 feac 
LD 1709 
LR 2704(02) 
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 
Fiscal Detail and Notes 
and Human Services 
) 
Fiscal Note for Bill as Amended by Committee Amendment "It CH ... 70 ~ 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Clment biennium cost increase - General Fund 
This bill grants the Maine Developmental Services Oversight and Advis01y Board direct access to the personal 
planning and other records of a person receiving adult developmental services and grants the board direct access to thF 
records of an investigation into the suspicious death of or the records of a mortality review pertaining to a person witL 
intellectual disabilities or autism. It requires the Department of Health and Human Services (DHHS) 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. It is expected that two 
DHHS systems, the Enterprise Information System (EIS) and the Maine Adult Protective Services Infom1ation System 
(MAPSIS), will require functionality updates to allow direct access for board members. The cost for these updates is 
estimated to be $39,978. The bill requires that its provisions be canied out within existing budgeted resomces. 
Because no funding was provided in the bill, the impact on other programs and services cannot be detennined. 
LR2704(02) - Fiscal Note - Page 1 of 1