LD 764

APPROVED  CHAPTER
  JUNE 10, 2025  236
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-FIVE
  _____
  H.P. 494 - L.D. 764
    An Act to Improve the Efficiency of Certain Department of Health and
  Human Services Licensing Investigations
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 1828.
    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:
  Page 1 - 132LR0261(03)
    2. Confidentiality. Information or records obtained by subpoena must be treated in
accordance with section 1828.
    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 7703.
  Page 2 - 132LR0261(03)