An Act To Strengthen Protections for Incapacitated and Dependent Adults from Abuse, Neglect and Exploitation
Maine Legislature, Session 129, LD 2058
Committee: Health and Human Services
Sponsors: HYMANSON
Amends: 22 MRSA §3473, 34-B MRSA §5604-A

Legislative Document
No. 2058
H.P. 1462
House of Representatives, January 16, 2020
An Act To Strengthen Protections for Incapacitated and Dependent 
Adults from Abuse, Neglect and Exploitation
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3473, sub-§2, as amended by PL 2017, c. 402, Pt. C, §54 and 
affected by PL 2019, c. 417, Pt. B, §14, is further amended to read:
2.  Reports.  The department shall: 
A.  Receive, promptly investigate and determine the validity of reports of alleged 
abuse, neglect or exploitation or the substantial risk of abuse, neglect or exploitation;
B.  Take appropriate action, including providing or arranging for the provision of 
appropriate services and making referrals to law enforcement; and
C.  Petition for guardianship or a protective order under Title 18-C, Article 5, when 
all less restrictive alternatives have been tried and have failed to protect the 
incapacitated adult.; and
D.  Establish and maintain an adult protective services registry of persons for whom 
there have been substantiated reports of abuse, neglect or exploitation of dependent 
adults or incapacitated adults pursuant to Title 34-B, section 5604-A.  The 
department shall adopt routine technical rules to implement this paragraph pursuant 
to Title 5, chapter 375, subchapter 2-A.
Sec. 2.  34-B MRSA §5604-A, sub-§2, as amended by PL 2011, c. 542, Pt. A, 
§128, is further amended to read:
2.  Maintain reporting system.  The department shall maintain a reportable event 
and adult protective services system that provides for receiving reports of alleged 
incidents, prioritizing such reports, assigning reports for investigation by qualified 
investigators, reviewing the adequacy of the investigations, making recommendations for 
preventive and corrective actions as appropriate and substantiating allegations against 
individuals caretakers as defined in Title 22, section 3472, subsection 3; direct care 
workers as defined in Title 22, section 1812-G, subsection 1-B, paragraph D; certified 
nursing assistants as defined in Title 22, section 1812-G, subsection 1-B, paragraph B; 
and unlicensed assistive persons as defined in Title 22, section 1812-J, subsection 1, 
paragraph D who have been found under the Adult Protective Services Act to have 
abused, neglected or exploited persons with intellectual disabilities or autism dependent 
adults as defined in Title 22, section 3472, subsection 6 or incapacitated adults as defined 
in Title 22, section 3472, subsection 10. The department shall fully establish the 
reportable event and adult protective services system through rulemaking.
SUMMARY
This bill specifies the categories of care providers for whom the Department of 
Health and Human Services must maintain a reportable event and adult protective 
services system.  This bill requires the department to establish and maintain an adult 
protective services registry of persons for whom there have been substantiated reports of 
abuse, neglect or exploitation of dependent adults or incapacitated adults.  This bill 
changes current law, which limits registry entries to cases in which the person abused, 
neglected or exploited is an adult with an intellectual disability or autism, to instead limit 
registry entries to cases involving incapacitated adults and dependent adults.