Bill > H203

This bill establishes a state protection and advocacy system (P&A system) for individuals with disabilities, designed to investigate and address abuse, neglect, and financial exploitation. The system will be an independent nonprofit organization designated to protect the civil and human rights of persons with developmental, emotional, mental health, and other disabilities. The P&A system will have broad investigative and advocacy powers, including the ability to access facilities, interview staff, inspect records (with consent), investigate incidents of abuse, pursue legal remedies, and provide information and referral services. The system must maintain confidentiality of client records and has specific reporting requirements, including quarterly death reports from state agencies. State departments are required to cooperate with the P&A system, and facilities are prohibited from retaliating against individuals who file complaints or work with the system. The bill also amends existing laws to require immediate reporting of disability-related deaths to the P&A system, the attorney general, district attorneys, and medical examiners. The system must exhaust administrative remedies before pursuing legal action, except in cases of imminent serious harm, and its authority is consistent with federal protection and advocacy statutes.

Health and Social Services

https://malegislature.gov/Bills/194/H203