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ME LD1316

ME LD1316
An Act to Amend the Mandated Reporter Laws Regarding Medical Records, Additional Information and Immunity


summary

Introduced
03/27/2025
In Committee
03/27/2025
Crossed Over
Passed
Dead
05/20/2025

Introduced Session

132nd Legislature

Bill Summary

This bill clarifies that mandated reporters are not required to document suspected abuse, neglect or exploitation in the subject's medical record or report shared to 3rd parties. Reports must still be made to the Department of Health and Human Services. If suspected abuse, neglect or exploitation is documented in a medical record or other report that is shared with a 3rd party outside of the reporter's office or place of business and the reporter subsequently discovers information that may dispute or counter a report of suspected abuse, neglect or exploitation, the reporter is required to add the subsequent information to the medical record or other report and forward the amended medical record or other report to every 3rd party who received the initial medical record or other report. If a reporter discovers information that disputes or counters a report of abuse, neglect or exploitation provided to the Department of Health and Human Services, the reporter is required to forward the subsequent information to the department within 48 hours of discovery of the subsequent information. This bill excepts from immunity persons who violate the reporting laws or provide 3rd parties an unverified diagnosis or subjective opinion of abuse, neglect or exploitation.

AI Summary

This bill clarifies and modifies mandated reporter laws for suspected abuse, neglect, or exploitation of incapacitated, dependent adults, and children. The bill specifically addresses documentation and reporting requirements, removing the obligation for mandated reporters to document suspected abuse in medical records when sharing information with third parties outside their workplace. If a reporter initially documents a suspicion and later receives information that disputes or counters the original report, they are required to update the medical record or report with the new information, subject to the approval of the adult or child (or their guardian). Additionally, if a reporter discovers information that contradicts a report already submitted to the Department of Health and Human Services, they must forward this new information within 48 hours, providing detailed context about the original and subsequent reports. The bill also introduces new provisions that remove legal immunity for reporters who violate reporting laws or include unverified diagnoses or subjective opinions in their reports. Furthermore, any violations of these reporting requirements will result in an investigation by the department, adding an additional layer of accountability to the mandated reporting process.

Committee Categories

Health and Social Services

Sponsors (3)

Last Action

Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD) (on 05/20/2025)

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