An Act to Improve the Efficiency of Certain Department of Health
Maine Legislature, Session 132, LD 0764
Committee: Health and Human Services
Sponsors: MEYER
Amends: 22 MRSA §1816, 22 MRSA §1820-A, 22 MRSA §7804

Legislative Document
No. 764
H.P. 494
House of Representatives, February 25, 2025
An Act to Improve the Efficiency of Certain Department of Health 
and Human Services Licensing Investigations
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1816, sub-§5 is enacted to read:
5.  Subpoenas.  The commissioner, the commissioner's delegate or the legal counsel 
for the department may issue subpoenas requiring persons to disclose or provide to the 
department information or records in their possession that are necessary and relevant to an 
investigation of a report of suspected abuse, neglect or exploitation or to a credible 
allegation of licensure violations, including, but not limited to, health care information that 
is confidential under section 1711‑C.  The department may apply to the District Court to 
enforce a subpoena.  A person who complies with a subpoena is immune from civil or 
criminal liability that might otherwise result from the act of turning over or providing 
information or records to the department.
Sec. 2.  22 MRSA §1816, sub-§6 is enacted to read:
6.  Confidentiality.  Information or records obtained by subpoena must be treated in 
accordance with section 3474.
Sec. 3.  22 MRSA §1820-A, sub-§1 is enacted to read:
1.  Subpoenas.  The commissioner, the commissioner's delegate or the legal counsel 
for the department may issue subpoenas requiring persons to disclose or provide to the 
department information or records in their possession that are necessary and relevant to an 
investigation of a report of suspected abuse, neglect or exploitation or to a credible 
allegation of licensure violations, including, but not limited to, health care information that 
is confidential under section 1711‑C.  The department may apply to the District Court to 
enforce a subpoena.  A person who complies with a subpoena is immune from civil or 
criminal liability that might otherwise result from the act of turning over or providing 
information or records to the department.
Sec. 4.  22 MRSA §1820-A, sub-§2 is enacted to read:
2.  Confidentiality.  Information or records obtained by subpoena must be treated in 
accordance with section 3474.
Sec. 5.  22 MRSA §7804, sub-§1 is enacted to read:
1.  Subpoenas.  The commissioner, the commissioner's delegate or the legal counsel 
for the department may issue subpoenas requiring persons to disclose or provide to the 
department information or records in their possession that are necessary and relevant to an 
investigation of a report of suspected abuse, neglect or exploitation or to a credible 
allegation of licensure violations, including, but not limited to, health care information that 
is confidential under section 1711‑C.  The department may apply to the District Court to 
enforce a subpoena.  A person who complies with a subpoena is immune from civil or 
criminal liability that might otherwise result from the act of turning over or providing 
information or records to the department.
Sec. 6.  22 MRSA §7804, sub-§2 is enacted to read:
2.  Confidentiality.  Information or records obtained by subpoena must be treated in 
accordance with section 3474.
SUMMARY
This bill grants the Commissioner of Health and Human Services, the commissioner's 
delegate or the legal counsel for the Department of Health and Human Services the ability 
to issue a subpoena to obtain records and testimony relevant to a licensure violation 
investigation.  This is consistent with authority already established in accordance with the 
Adult Protective Services Act and with other professional licensure boards.