Maine LD 51: An Act To Increase Oversight Of Fatalities Of And Serious Injuries To Adults Subject To Public Guardianship

Bill Text

Page 1 - 132LR0263(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 15 - L.D. 51
An Act to Increase Oversight of Fatalities of and Serious Injuries to Adults
Subject to Public Guardianship
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;
APPROVED
MAY 29, 2025
BY GOVERNOR
CHAPTER
127
PUBLIC LAW

Page 2 - 132LR0263(03)
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 An advanced practice registered nurse who is licensed under Title 32, chapter 31
or 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. An advanced practice registered nurse who is licensed under Title 32, chapter 31
or a health care provider who is licensed under Title 32, chapter 36 or 48 and who has
experience as a primary care provider.
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;