reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-C: BENEFITS › 22 §3271. Program

§3271. Program
1.
A program of regular monthly state supplemental income for blind, disabled and elderly people shall be provided for residents of the State of Maine. Benefits under the state supplemental income program shall be based on need and provided in supplementation of benefits provided by the United States Government to aged, blind and disabled individuals pursuant to Title XVI of the United States Social Security Act, as amended. Benefits shall be provided to any person who, on account of blindness, disability or age, qualifies for supplemental security income provided pursuant to Title XVI of the United States Social Security Act, as amended, and may, based on need, be provided to individuals who would, but for their income, be eligible for such supplemental security income benefits.
[RR 2015, c. 2, §12 (COR).]
2.
The department, to the extent allowed by Title XVI of the United States Social Security Act, as amended, and regulations promulgated thereunder, shall establish standard levels of state supplemental income benefits for blind, disabled and elderly people. The benefits must be provided under a modified flat benefit system, and may vary by marital status, and by living arrangements to the extent allowed by Title XVI of the United States Social Security Act, as amended, and regulations promulgated thereunder. The benefits may not be based on individual budgeted need and may not vary by category or geographical area. Benefits for a couple, except as provided under section 3273, subsection 1, paragraph B, must be equal to the sum of the amount of benefit for an individual and 50% of the benefit for an individual.
[PL 2023, c. 405, Pt. A, §65 (AMD).]
3.
The department may also require, as a condition of eligibility, that any applicant for benefits or beneficiary under this Part must apply for any income supplementation that may be available under any other federal or state programs operated pursuant to the provisions of the Social Security Act, if it reasonably appears that such applicant or beneficiary is likely to be eligible for income supplementation under such other programs.
[PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 2015, c. 2, §12 (COR). PL 2023, c. 405, Pt. A, §65 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-C: BENEFITS › 22 §3272. Standard

§3272. Standard
1.  Standard.
The standard utilized to determine need shall be the current annual budget at the lower level of living for a retired couple as most recently determined by the United States Department of Labor, Bureau of Labor Statistics, for Portland, Maine, or budgets which are consistent with such a budget at the lower level of living, taking into account budget variances by marital status and living arrangements permited pursuant to Title XVI and regulations promulgated thereunder.
[PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-C: BENEFITS › 22 §3274. Mandatory payments

§3274. Mandatory payments
1.  Amount of payment.
The department shall provide so-called "mandatory" state supplemental income payments to beneficiaries of the supplemental security income program who receive payments under the state's former aid to the aged, blind and disabled program based on eligibility established for the month of December, 1973.
A so-called "mandatory" state supplemental income benefit, when combined with a federal supplemental security income benefit, shall, to the extent required by federal law to qualify the State of Maine to receive federal matching funds for medical care pursuant to Title XIX of the United States Social Security Act, as amended, and in so far as funds are available, be at least equal to and in no event less than the level of payment to such a recipient effective for December, 1973, under the former state aid to the aged, blind and disabled program, based on eligibility for December, 1973, in accordance with standards of payment applicable to such aid.
[PL 1973, c. 790, §3 (NEW).]
2.  Administration.
Insofar as an agreement made pursuant to section 3261 pertains to so-called "mandatory" payments, it shall provide that the department enter into an agreement with the secretary under which the secretary, through the Social Security Administration, on behalf of the State of Maine, shall administer, effective with payments issued on January 1, 1974 and thereafter the program of so-called "mandatory" state supplemental income benefits authorized in subsection 1.
[PL 1973, c. 790, §3 (NEW).]
3.  Applying for benefits.
Persons who receive payments under the state's former aid to aged, blind and disabled Program based on eligibility established for the month of December, 1973, shall, if eligible, receive benefits provided pursuant to this Part and for medical care benefits provided by the State of Maine pursuant to Title XIX of the United States Social Security Act, as amended, without filing an application for supplemental security income with the Social Security Administration.
[PL 1973, c. 790, §3 (NEW).]
4.  Inconsistent provisions.
The provisions of sections 3271, 3272 and 3273, except for section 3273, subsection 7‑A, do not apply to so-called "mandatory" payments. If any provision of these sections is inconsistent with this section, this section, as it relates to mandatory payments, prevails.
[PL 2009, c. 462, Pt. I, §3 (AMD).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). PL 2009, c. 462, Pt. I, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-C: BENEFITS › 22 §3274-A. Personal needs of nursing home residents

§3274-A. Personal needs of nursing home residents
In administering this chapter, the department shall ensure that eligible individuals residing in nursing homes, as defined in section 1812‑A, shall have at least $30 a month for personal needs.   [PL 1979, c. 563, §4 (NEW).]
SECTION HISTORY
PL 1979, c. 563, §4 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3275. Applicability of chapter

§3275. Applicability of chapter
The provisions of this chapter apply only to so much of state supplemental income to the blind, disabled and elderly as is administered directly by the department, and not to so much thereof as is administered by the secretary. When the administration of any portion of the state supplemental income program is transferred to the secretary, these provisions shall no longer apply to such portion of the state supplemental income program.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3276. Disqualification

§3276. Disqualification
A beneficiary of state supplemental income not administered by the secretary is disqualified from receiving benefits unless the beneficiary files with the department, whenever the department requires it, information concerning the beneficiary's income, assets and other conditions relating to the beneficiary's financial circumstances.   [RR 2021, c. 2, Pt. B, §168 (COR).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 2021, c. 2, Pt. B, §168 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3277. Regulations

§3277. Regulations
The department shall promulgate such temporary rules and regulations, consistent with the laws of the State of Maine, which are necessary or desirable for administration of this Part. The effect of such rules shall terminate on July 1, 1975.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3278. Applicability of other sections

§3278. Applicability of other sections
Sections 3178, 3179, 3180, 3181, 3182, 3183 and 3184 apply to this Part.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3279. Unindorsed checks; procedure

§3279. Unindorsed checks; procedure
When, for any reason, a person who has been determined to be eligible for state supplemental income is unable to indorse the check for the last payment approved for the recipient prior to the recipient's death, the department may approve payment by the State of obligations incurred by the recipient for board and room in anticipation of the receipt of the check, the payments to be authorized in accordance with the rules of the department. A claim that may be paid under this section must be presented to the department in writing within 60 days of the date of the death of the eligible person.   [RR 2021, c. 2, Pt. B, §169 (COR).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 2021, c. 2, Pt. B, §169 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3280. Liability of relatives

§3280. Liability of relatives
The spouse of a beneficiary of state supplemental income is, if of sufficient ability, responsible for the partial or total support of the beneficiary. In determining the ability of such a spouse, the spouse's assets as well as the spouse's income must be considered.   [RR 2021, c. 2, Pt. B, §170 (COR).]
The Attorney General shall bring proceedings in the name of the State of Maine in any court of competent jurisdiction to compel any person liable under this section to contribute to the support of any recipient of such benefit, if, after reasonable efforts on the part of the department, voluntary contributions have not been made. The court shall determine a fair and reasonable amount for support to be paid by the defendant to the department as reimbursement for moneys furnished to a recipient.   [PL 1973, c. 790, §3 (NEW).]
The action must be brought as a petition for support upon not less than 7 days' notice. Upon failure to pay the support ordered, execution must issue. The State shall pay the expense of commitment and support when the defendant is committed to jail on execution and the defendant may be discharged in the same manner as provided by Title 19‑A, section 952.   [RR 1997, c. 2, §47 (COR).]
The department shall encourage and stimulate voluntary contributions from the parents and adult children of the recipients of such aid, if such relatives are of sufficient ability to contribute toward the support of such recipients.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 1997, c. 2, §47 (COR). RR 2021, c. 2, Pt. B, §170 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3281. Civil rights

§3281. Civil rights
The state supplemental income program shall be conducted in accordance with Title VI of the Civil Rights Act, as amended.   [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3282. Provisions severable

§3282. Provisions severable
The provisions of chapters 855, 855‑A, 855‑B, 855‑C and 855‑D are severable and, if any of the provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect nor impair any of the remaining provisions. If any of the provisions of said chapters shall be in violation of the provisions of the Federal Social Security Act as in effect on April 1, 1974, such provision shall be null and void and the department shall, in that event, take such action as is consistent with the intent of this Act and as is necessary to continue participation by the State of Maine in the program authorized by Title XVI of the United States Social Security Act, as amended. If any of the provisions of this Act shall be in violation of any amendment to the Social Security Act which shall take effect subsequent to April 1, 1974, the department shall recommend to the Legislature legislation which is necessary or desirable to conform the laws of the State to such amendments.   [PL 1975, c. 623, §29 (AMD).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). PL 1975, c. 623, §29 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-A: STATE SUPPLEMENTAL INCOME FOR BLIND, DISABLED AND ELDERLY PEOPLE › Chapter 855-D: SPECIAL PROVISIONS › 22 §3283. Medical expenses for catastrophic illness (REPEALED)

§3283. Medical expenses for catastrophic illness
(REPEALED)
SECTION HISTORY
PL 1975, c. 293, §4 (AMD). PL 1975, c. 623, §30 (NEW). PL 1975, c. 679, §2 (AMD). PL 1977, c. 714, §6 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3291. Definitions

§3291. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 714, §2 (NEW).]
1.  Bureau.
"Bureau" means the Office of MaineCare Services with respect to section 7703 and section 1828.
[PL 2019, c. 343, Pt. YY, §6 (AMD).]
2.  Confidential information.
"Confidential information" means information deemed confidential by chapters 958‑A and 1071, and sections 7703 and 1828.
[PL 1989, c. 175, §4 (AMD).]
3.  Department.
"Department" means the Department of Health and Human Services.
[PL 1987, c. 714, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
4.  Director.
"Director" means the Director of the Office of Child and Family Services with respect to confidential information derived from chapters 958‑A and 1071, and the Director of the Office of MaineCare Services or the Director of the Office of Child and Family Services with respect to confidential information derived from section 7703 and the Director of the Office of MaineCare Services with respect to confidential information derived from section 1828.
[PL 2019, c. 343, Pt. YY, §7 (AMD).]
5.  Hearing officer.
"Hearing officer" means presiding officer, judge, board chair, arbitrator or any other person responsible for conducting a proceeding or hearing subject to this chapter.
[RR 2021, c. 2, Pt. B, §171 (COR).]
6.  Licensing board.
"Licensing board" means a professional or occupational licensing board that licenses, certifies or registers a person in a profession or occupation which is included in the list of professional and occupational licensing boards in Title 5, section 12004‑A.
[PL 1989, c. 175, §4 (AMD).]
7.  Office.
"Office" means the Office of Child and Family Services with respect to chapters 958‑A and 1071.
[PL 2013, c. 368, Pt. CCCC, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW). PL 1989, c. 175, §4 (AMD). PL 1989, c. 400, §§5,14 (AMD). PL 2003, c. 689, §B6 (REV). PL 2013, c. 368, Pt. CCCC, §§1, 2 (AMD). PL 2019, c. 343, Pt. YY, §§6, 7 (AMD). RR 2021, c. 2, Pt. B, §171 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3292. Disclosure and use of confidential information; governing provisions

§3292. Disclosure and use of confidential information; governing provisions
Any information derived by the department in the course of carrying out its functions and deemed confidential by chapter 958‑A or 1071 or section 7703 or 1828, which relates to a state employee or a person licensed, certified or registered by a licensing board as defined in section 3291 who is alleged to have engaged in any unlawful activity or professional misconduct, or in conduct in violation of laws or rules relating to a licensing board, may be disclosed to and used by the appropriate state agencies and licensing boards only in accordance with this chapter. The department, other state agencies and licensing boards shall comply with the following.   [PL 1989, c. 175, §5 (AMD).]
1.  Purpose for which disclosure is made.
Any confidential information provided to a state agency, department or licensing board shall be used only for investigative and other action within the scope of the authority of that agency, department or licensing board and to determine whether the employee or the person licensed, certified or registered by the board has engaged in unlawful activity, professional misconduct or activities in violation of the laws or rules relating to the board.
[PL 1987, c. 714, §2 (NEW).]
2.  Designation of person to receive confidential information.
State agencies, departments and licensing boards reasonably expected to be recipients of confidential information, as determined by the director of the bureau, shall designate a person to receive the confidential information for investigative purposes.
[PL 1987, c. 714, §2 (NEW).]
3.  Limitations on disclosure.
Disclosure is limited to information which is directly related to the matter at issue. The identity of reporters and other persons shall not be disclosed except as necessary and relevant. Access to the information shall be limited to parties, parties' representatives, counsel of record and the hearing officers responsible for the determinations. The information shall be used only for the purpose for which the release was intended.
[PL 1987, c. 714, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW). PL 1989, c. 175, §5 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3293. Confidential information provided to state employees and the Bureau of Human Resources

§3293. Confidential information provided to state employees and the Bureau of Human Resources
l.  Disclosure to state employees.
Confidential information that is relevant to a grievance or a disciplinary procedure within the department shall be provided to the affected employee and the employee's designated representative.
[PL 2007, c. 240, Pt. HH, §13 (AMD).]
2.  Disclosure to the Bureau of Human Resources.
Confidential information that is relevant to a grievance or disciplinary procedure within the department must be provided to the Bureau of Human Resources in cases regarding state employment subject to the State Employee Labor Relations Act, Title 26, chapter 9-B, and for state employees not subject to Title 26, chapter 9-B, when the Bureau of Human Resources becomes involved in the grievance or disciplinary process, including appeals to an arbitrator or the Civil Service Appeals Board.
[PL 2007, c. 240, Pt. HH, §13 (AMD).]
3.  Procedures governed by contract.
If any other procedure relating to the use of confidential information in state employee personnel actions is governed by collective bargaining agreements, the collective bargaining agreements control, except as provided in section 3292.
[PL 2007, c. 240, Pt. HH, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW). PL 2007, c. 240, Pt. HH, §13 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3294. Confidential information provided to professional and occupational licensing boards

§3294. Confidential information provided to professional and occupational licensing boards
If confidential information regarding a person subject to or seeking licensure, certification or registration by a licensing board indicates that the person may have engaged in unlawful activity, professional misconduct or conduct which may be in violation of the laws or rules relating to the licensing board, the director may release this information to the appropriate licensing board. Confidential information shall be disclosed and used in accordance with section 3292 and may also be disclosed to members, employees and agents of a licensing board who are directly related to the matter at issue.   [PL 1987, c. 714, §2 (NEW).]
1.
Notice to the licensee or applicant. Notice of the release of confidential information shall be provided by the board to the licensee or applicant in accordance with the law and rules relating to the licensing board. If the law or rules relating to a licensing board do not provide for notice to licensees or applicants subject to or seeking licensure, certification or registration, the licensing board shall provide notice to the licensee or applicant upon determination of the board to take further action following its investigation.
[PL 1987, c. 714, §2 (NEW).]
2.  Licensing board requests for confidential information.
Any licensing board pursuing action within the scope of the board's authority or conducting an investigation of any person subject to or seeking licensure, certification or registration by the board for engaging in unlawful activity, professional misconduct or conduct which may be in violation of the laws or rules relating to the board may request confidential information from the bureau. Any information provided to the board for an investigation shall be governed by section 3292 and this section.
[PL 1987, c. 714, §2 (NEW).]
3.  Use of confidential information in proceedings.
The use of confidential information in proceedings, informal conferences and adjudicatory hearings shall be governed by Title 5, section 9057, subsection 6.
[PL 1987, c. 714, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3295. Information provided for unemployment compensation proceedings relevant to state employment

§3295. Information provided for unemployment compensation proceedings relevant to state employment
If confidential information relevant to an unemployment compensation proceeding with respect to the provision of, denial or termination of unemployment compensation benefits related to a person's state employment, the director may release the confidential information to the Commissioner of Labor or the commissioner's designee. The commissioner may request from the director of the bureau confidential information that may be directly related to an unemployment compensation proceeding with respect to a person's state employment. The director may release the confidential information to the commissioner or the commissioner's designee if the confidential information is related to the proceeding. The commissioner shall provide the claimant with access to the information.   [PL 1987, c. 714, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 714, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3296. Penalty for violations

§3296. Penalty for violations
Any person who violates this chapter is subject to the applicable penalty as provided in chapters 958‑A and 1071.   [PL 1999, c. 363, §1 (AMD).]
SECTION HISTORY
PL 1989, c. 502, §A73 (NEW). PL 1999, c. 363, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 1-B: DISCLOSURE OF CONFIDENTIAL INFORMATION › Chapter 857: USE OF CONFIDENTIAL INFORMATION FOR PERSONNEL AND LICENSURE ACTIONS › 22 §3306. Penalty for violations (REPEALED)

§3306. Penalty for violations
(REPEALED)
SECTION HISTORY
PL 1987, c. 714, §2 (NEW). PL 1989, c. 502, §A74 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 951: GENERAL PROVISIONS › 22 §3301. Definitions (REPEALED)

§3301. Definitions
(REPEALED)
SECTION HISTORY
PL 1965, c. 503, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 951: GENERAL PROVISIONS › 22 §3302. State Treasurer as agent (REPEALED)

§3302. State Treasurer as agent
(REPEALED)
SECTION HISTORY
PL 1969, c. 160, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 951: GENERAL PROVISIONS › 22 §3303. Recipients of aid not to be pauperized (REPEALED)

§3303. Recipients of aid not to be pauperized
(REPEALED)
SECTION HISTORY
PL 1973, c. 788, §89 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 951: GENERAL PROVISIONS › 22 §3304. Fraudulent representations; penalty (REPEALED)

§3304. Fraudulent representations; penalty
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 951: GENERAL PROVISIONS › 22 §3305. General penalty (REPEALED)

§3305. General penalty
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 953: ADMINISTRATION › 22 §3351. Powers and duties of department (REPEALED)

§3351. Powers and duties of department
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 953: ADMINISTRATION › 22 §3352. Medical Care Accumulation Fund (REPEALED)

§3352. Medical Care Accumulation Fund
(REPEALED)
SECTION HISTORY
PL 1967, c. 234 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 953: ADMINISTRATION › 22 §3353. Acceptance of federal provisions (REPEALED)

§3353. Acceptance of federal provisions
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3401. Application for aid (REPEALED)

§3401. Application for aid
(REPEALED)
SECTION HISTORY
PL 1965, c. 364, §1 (AMD). PL 1967, c. 230, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3402. Requisites for aid (REPEALED)

§3402. Requisites for aid
(REPEALED)
SECTION HISTORY
PL 1965, c. 262, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3403. Disqualification of applicant and recipient (REPEALED)

§3403. Disqualification of applicant and recipient
(REPEALED)
SECTION HISTORY
PL 1965, c. 364, §2 (AMD). PL 1967, c. 230, §2 (AMD). PL 1967, c. 544, §58 (AMD). PL 1969, c. 160, §2 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3404. Amount of aid (REPEALED)

§3404. Amount of aid
(REPEALED)
SECTION HISTORY
PL 1965, c. 298 (AMD). PL 1967, c. 228, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3405. Aid may be paid to a guardian or conservator (REPEALED)

§3405. Aid may be paid to a guardian or conservator
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3406. Changes of circumstances (REPEALED)

§3406. Changes of circumstances
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3407. When aid may be suspended (REPEALED)

§3407. When aid may be suspended
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3408. Inalienability of aid (REPEALED)

§3408. Inalienability of aid
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3409. Funeral expenses (REPEALED)

§3409. Funeral expenses
(REPEALED)
SECTION HISTORY
PL 1971, c. 522, §1 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3410. Unindorsed checks; procedure (REPEALED)

§3410. Unindorsed checks; procedure
(REPEALED)
SECTION HISTORY
PL 1967, c. 223 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 955: ELIGIBILITY AND RECEIPT OF AID › 22 §3411. Appeal (REPEALED)

§3411. Appeal
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 957: REIMBURSEMENT OR RECOVERY OF PAYMENTS › 22 §3451. Illegal payments recovered (REPEALED)

§3451. Illegal payments recovered
(REPEALED)
SECTION HISTORY
PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 957: REIMBURSEMENT OR RECOVERY OF PAYMENTS › 22 §3452. Liability of relatives to support (REPEALED)

§3452. Liability of relatives to support
(REPEALED)
SECTION HISTORY
PL 1965, c. 364, §§3,4 (AMD). PL 1973, c. 790, §4 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 957: REIMBURSEMENT OR RECOVERY OF PAYMENTS › 22 §3453. Claims against estate (REPEALED)

§3453. Claims against estate
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §38 (AMD). PL 1967, c. 444 (AMD). PL 1971, c. 179, §G2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 957: REIMBURSEMENT OR RECOVERY OF PAYMENTS › 22 §3454. Medical expenses for catastrophic illness (REPEALED)

§3454. Medical expenses for catastrophic illness
(REPEALED)
SECTION HISTORY
PL 1973, c. 768, §1 (NEW). PL 1975, c. 623, §31 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958: PROTECTIVE AND SUPPORTIVE SERVICES FOR ADULTS › 22 §3460. Legislative purpose (REPEALED)

§3460. Legislative purpose
(REPEALED)
SECTION HISTORY
PL 1973, c. 631, §2 (NEW). PL 1981, c. 527, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958: PROTECTIVE AND SUPPORTIVE SERVICES FOR ADULTS › 22 §3461. Definitions (REPEALED)

§3461. Definitions
(REPEALED)
SECTION HISTORY
PL 1973, c. 631, §2 (NEW). PL 1973, c. 790, §§5,6 (AMD). PL 1981, c. 470, §§A97,A98 (AMD). PL 1981, c. 527, §1 (RP). PL 1981, c. 698, §§93,94 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958: PROTECTIVE AND SUPPORTIVE SERVICES FOR ADULTS › 22 §3462. Responsibility of bureau; rules and regulations (REPEALED)

§3462. Responsibility of bureau; rules and regulations
(REPEALED)
SECTION HISTORY
PL 1973, c. 631, §2 (NEW). PL 1981, c. 527, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958: PROTECTIVE AND SUPPORTIVE SERVICES FOR ADULTS › 22 §3463. Appointment of guardian (REPEALED)

§3463. Appointment of guardian
(REPEALED)
SECTION HISTORY
PL 1973, c. 631, §2 (NEW). PL 1981, c. 470, §A99 (AMD). PL 1981, c. 527, §1 (RP). PL 1981, c. 698, §95 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958: PROTECTIVE AND SUPPORTIVE SERVICES FOR ADULTS › 22 §3464. Role of bureau, source of services (REPEALED)

§3464. Role of bureau, source of services
(REPEALED)
SECTION HISTORY
PL 1973, c. 631, §2 (NEW). PL 1981, c. 527, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1: GENERAL PROVISIONS › 22 §3470. Title

§3470. Title
This Act may be cited as the Adult Protective Services Act.   [PL 1981, c. 527, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1: GENERAL PROVISIONS › 22 §3471. Declaration of policy and legislative intent

§3471. Declaration of policy and legislative intent
The Legislature recognizes that many adult citizens of the State, because of incapacitation or dependency, are unable to manage their own affairs or to protect themselves from abuse, neglect or exploitation. Often these persons can not find others able or willing to render assistance. The Legislature intends, through this Act, to establish a program of protective services designed to fill this need and to ensure its availability to all incapacitated and dependent adults who are faced with abuse, neglect, exploitation or the substantial risk of abuse, neglect or exploitation. It is also the intent of the Legislature to authorize only the least possible restriction on the exercise of personal and civil rights consistent with the person's need for services and to require that due process be followed in imposing those restrictions. Any requirements for disclosure of information contained in this chapter do not supersede federal law if federal law prohibits the disclosure of such information in the manner as set forth in this chapter.   [PL 2003, c. 653, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1991, c. 711, §1 (AMD). PL 2003, c. 653, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1: GENERAL PROVISIONS › 22 §3473. Authorizations

§3473. Authorizations
1.  General.
The department shall act to:
A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation;   [PL 2003, c. 653, §3 (AMD).]
B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults;   [PL 2003, c. 653, §3 (AMD).]
C. Enhance the welfare of these incapacitated and dependent adults; and   [PL 1981, c. 527, §2 (NEW).]
D. Promote self-care wherever possible.   [PL 1981, c. 527, §2 (NEW).]
[PL 2003, c. 653, §3 (AMD).]
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;   [PL 1991, c. 711, §3 (AMD).]
B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement;   [PL 2019, c. 661, §1 (AMD).]
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   [PL 2019, c. 661, §2 (AMD).]
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. The department shall adopt routine technical rules to implement this paragraph pursuant to Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 661, §3 (NEW).]
[PL 2019, c. 661, §§1-3 (AMD).]
3.  Appearance of designated employees in Probate Court.
The commissioner may designate employees of the department to represent the department in Probate Court in:
A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and   [PL 2003, c. 653, §5 (AMD).]
B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations.   [PL 2003, c. 653, §5 (AMD).]
[PL 2003, c. 653, §5 (AMD).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1989, c. 858, §5 (AMD). PL 1991, c. 711, §§2-4 (AMD). PL 2003, c. 653, §§3-5 (AMD). PL 2017, c. 402, Pt. C, §54 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 661, §§1-3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1: GENERAL PROVISIONS › 22 §3475. Penalty for violations

§3475. Penalty for violations
A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Any licensed, registered, accredited or certified professional who has been adjudged to have violated a provision of this chapter must, in addition to any financial penalty, be reported by the court or the department to the appropriate professional licensing organization, registration board, accrediting unit or facility.   [PL 2003, c. 653, §8 (AMD).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1981, c. 705, §E1 (AMD). PL 2003, c. 653, §8 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1: GENERAL PROVISIONS › 22 §3476. Spiritual treatment

§3476. Spiritual treatment
1.  Treatment not considered abuse, neglect or exploitation.
An incapacitated or dependent adult shall not be considered to be abused, neglected or exploited solely because treatment is by spiritual means by an accredited practitioner of a recognized religious organization.
[PL 1981, c. 527, §2 (NEW).]
2.  Treatment to be considered if requested.
When medical treatment is authorized, under this chapter, treatment by spiritual means by an accredited practitioner of a recognized religious organization may also be considered if requested by the incapacitated or disabled adult or the adult's caretaker.
[RR 2021, c. 2, Pt. B, §172 (COR).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). RR 2021, c. 2, Pt. B, §172 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION › 22 §3478. Mandatory reporting to medical examiner for post-mortem investigation

§3478. Mandatory reporting to medical examiner for post-mortem investigation
A person required to report cases of known or suspected abuse or neglect who knows or has reasonable cause to suspect that an adult has died as a result of abuse or neglect shall report that fact to the appropriate authority as provided in section 3026. An adult may not be considered to be abused or neglected solely because the adult was provided with treatment by spiritual means by an accredited practitioner of a recognized religious organization.   [RR 2021, c. 2, Pt. B, §173 (COR).]
SECTION HISTORY
PL 1981, c. 705, §E2 (NEW). PL 1983, c. 343, §1 (AMD). RR 2021, c. 2, Pt. B, §173 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION › 22 §3479. Optional reporting

§3479. Optional reporting
Any person may make a report to the department when that person has reasonable cause to suspect an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation.   [PL 2003, c. 653, §13 (AMD).]
1.  Dependent.
[PL 1989, c. 858, §12 (RP).]
2.  Incapacitated.
[PL 1989, c. 858, §12 (RP).]
3.  Suspected incapacity.
[PL 1989, c. 858, §12 (RP).]
SECTION HISTORY
PL 1981, c. 705, §E2 (NEW). PL 1983, c. 616, §2 (AMD). PL 1989, c. 858, §12 (RPR). PL 2003, c. 653, §13 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION › 22 §3479-A. Immunity from liability

§3479-A. Immunity from liability
1.  Reporting and proceedings.
A person participating in good faith in reporting under this subchapter, or in a related adult protection investigation or proceeding, is immune from any civil liability that might otherwise result from these actions, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information.
[PL 2003, c. 653, §14 (AMD).]
2.  Presumption of good faith.
In a proceeding regarding immunity from liability, there shall be a rebuttable presumption of good faith.
[PL 1981, c. 705, Pt. E, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 705, §E2 (NEW). PL 2003, c. 653, §14 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES › 22 §3480. Investigations

§3480. Investigations
1.  Subpoenas and obtaining criminal history.
The commissioner, the commissioner's delegate or the legal counsel for the department may:
A. 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 subsequent adult protective proceeding, including, but not limited to, health care information that is confidential under section 1711‑C.
(1) The department may apply to the District Court and Probate Court to enforce a subpoena.
(2) 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; and   [PL 2003, c. 653, §15 (AMD).]
B. Obtain confidential criminal history record information and other criminal history record information under Title 16, section 703, which the commissioner, the commissioner's delegate or the legal counsel for the department considers relevant to a case of alleged abuse, neglect or exploitation.   [PL 2013, c. 267, Pt. B, §17 (AMD).]
[RR 2021, c. 2, Pt. B, §174 (COR).]
2.  Confidentiality.
Information or records obtained by subpoena shall be treated in accordance with section 3474.
[PL 1981, c. 527, §2 (NEW).]
3.  Right of entry and access to records of licensed facilities.
The department and any duly designated officer or employee of the department have the right to enter upon and into the premises of any facility licensed under sections 1817 and 7801 in order to obtain information necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding. The department has access to all records in the facility's possession that are relevant to the investigation of a report of suspected abuse, neglect or exploitation and any subsequent adult protective proceeding and is not required to issue a subpoena to the facility before obtaining access to the records.
[PL 1995, c. 696, Pt. B, §4 (NEW).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1995, c. 696, §B4 (AMD). PL 2003, c. 653, §15 (AMD). RR 2009, c. 2, §56 (COR). PL 2013, c. 267, Pt. B, §17 (AMD). RR 2021, c. 2, Pt. B, §174 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS › Chapter 958-A: ADULT PROTECTIVE SERVICES ACT › Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES › 22 §3480-A. Confidential communications

§3480-A. Confidential communications
The confidential quality of communications under section 1711‑C, Title 24‑A, section 4224 and Title 32, sections 7005 and 18393 is abrogated to the extent allowable under federal law in relation to required reporting or cooperating with the department in an investigation or other protective activity under this chapter. Information released to the department pursuant to this section must be kept confidential and may not be disclosed by the department except as provided in section 3474.   [PL 2015, c. 429, §6 (AMD).]
SECTION HISTORY
PL 2003, c. 653, §16 (NEW). PL 2015, c. 429, §6 (AMD).