An Act to Increase Oversight of Fatalities of and Serious Injuries to
Maine Legislature, Session 132, LD 0051
Sponsors: SHAGOURY
Amends: 22 MRSA §264

Legislative Document
No. 51
H.P. 15
House of Representatives, January 8, 2025
An Act to Increase Oversight of Fatalities of and Serious Injuries to 
Adults Subject to Public Guardianship
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Clerk of the House on January 6, 2025.  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 SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §264, sub-§2, ¶A, as enacted by PL 2021, c. 398, Pt. MMMM, 
§2, is amended to read:
A.  "Adults receiving services" means adults receiving home-based and community-
based services under 42 Code of Federal Regulations, Part 441 and adults subject to 
public guardianship under Title 18-C, Article 5.
Sec. 2.  22 MRSA §264, sub-§3, as enacted by PL 2021, c. 398, Pt. MMMM, §2, is 
amended to read:
3.  Composition.  The panel consists of up to 15 members and includes health care 
providers, social service providers, public health officials and other persons with 
professional expertise on the health and mortality of adults with disabilities and adults who 
are aging.  The commissioner shall appoint the members of the panel unless otherwise 
specified.  At a minimum, the The panel consists of the following members:
A.  The person who is lead staff attorney for investigations for the Office of the 
Attorney General or that person's designee;
B.  The person who is lead staff attorney for health care crime investigations for the 
Office of the Attorney General or that person's designee;
C.  A person within the department responsible for licensing and certification;
D.  A person within the department responsible for aging and disability services;
D-1.  A person within the department responsible for adult protective services;
D-2.  A member of the general public with lived experience as an adult receiving 
services;
E.  The executive director of the statewide protection and advocacy agency for 
individuals with disabilities contracted by the department pursuant to Title 5, section 
19502 or the executive director's designee;
F.  The executive director of the long-term care ombudsman program as established in 
section 5106, subsection 5 or the executive director's designee;
G.  A member of the Maine Developmental Services Oversight and Advisory Board as 
established in Title 5, section 12004‑J, subsection 15 as nominated by that board;
H.  A health care provider who is licensed under Title 32, chapter 36 or 48 and who 
has expertise and experience in delivering services to individuals with intellectual 
disabilities or autism nominated by a statewide association representing physicians;
H-1.  A primary health care provider who is licensed under Title 32, chapter 36 or 48;
I.  A representative of the developmental service provider community who has 
expertise regarding community services for individuals with intellectual disabilities or 
autism;
J.  A representative of the provider community serving older adults and adults with 
physical disabilities who has expertise in home-based and community-based services;
K.  A representative of the provider community who has expertise in delivering home-
based and community-based services to individuals with brain injuries or other related 
conditions; and
L.  A person who has expertise in forensic pathology.
Sec. 3.  22 MRSA §264, sub-§5, ¶B, as enacted by PL 2021, c. 398, Pt. MMMM, 
§2, is amended by amending subparagraph (5), division (d) to read:
(d)  Documents related to an adult protective case, including documents related 
to public guardianship, or investigation; and
Sec. 4.  22 MRSA §264, sub-§5, ¶H, as enacted by PL 2021, c. 398, Pt. MMMM, 
§2, is amended by amending subparagraph (1) to read:
(1)  Name, age, sex, race or ethnicity, guardianship status and type of disability or 
condition of the adult receiving services who is deceased;
SUMMARY
Under current law, the Aging and Disability Mortality Review Panel reviews deaths of 
and serious injuries to adults receiving services in home-based and community-based 
services programs, including participants in those programs who are subject to public 
guardianship.  This bill expands the charge of the panel to review all deaths of and serious 
injuries to adults subject to public guardianship, whether or not they are enrolled in home-
based and community-based services programs.  It also amends the membership of the 
panel.