EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0246*
HOUSE BILL 246
O2 5lr0344
(PRE–FILED) CF SB 205
By: Chair, Judiciary Committee (By Request – Departmental – Human Services)
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Human Services – Adult Protective Services 2
FOR the purpose of specifying that certain provisions of law relating to confidentiality do 3
not prohibit the disclosure of certain information relating to adult protective services 4
or the disclosure of the identity of certain persons making certain reports under 5
certain circumstances; expanding the definition of “health practitioner” to include 6
certain emergency medical services providers in certain provisions of law relating to 7
adult protective services; and generally relating to adult protective services. 8
BY repealing and reenacting, with amendments, 9
Article – Human Services 10
Section 1–201 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Family Law 15
Section 14–101(g) and 14–308 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Human Services 21
1–201. 22
(a) Except as provided in subsection (b) of this section, a person may not disclose 23
any information concerning an applicant for or recipient of social services, child welfare 24 2 HOUSE BILL 246
services, cash assistance, food stamps, or medical assistance that is directly or indirectly 1
derived from the records, investigations, or communications of the State, a county, or a 2
municipal corporation or a unit of the State, a county, or a municipal corporation or that is 3
acquired in the course of the performance of official duties. 4
(b) This section does not prohibit the disclosure of information: 5
(1) in accordance with a court order; 6
(2) to an officer or employee of any state or local government[,] OR the 7
United States, [or a fiduciary institution,] if the officer or employee is entitled to the 8
information in an official capacity and the disclosure is necessary to administer: 9
(i) public assistance, medical assistance, social services, or child 10
welfare services programs; or 11
(ii) voter registration in accordance with § 3–203 of the Election Law 12
Article; [or] 13
(3) to a fiduciary institution that reported suspected financial abuse or 14
financial exploitation, if the fiduciary institution is authorized to request the information 15
under § 1–306(h) of the Financial Institutions Article; OR 16
(4) RELATING TO ADULT PR OTECTIVE SERVICES , TO AN OFFICER OR 17
EMPLOYEE OF ANY STAT E OR LOCAL GOVERNMEN T OR THE UNITED STATES IF THE 18
OFFICER OR EMPLOYEE IS RESPONSIBLE FOR C ONDUCTING AN INVESTI GATION IN 19
AN OFFICIAL CAPACITY AND THE DISCLOSURE I S RELEVANT TO THE IN VESTIGATION. 20
(c) A person who violates this section is guilty of a misdemeanor and on conviction 21
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 22
Article – Family Law 23
14–101. 24
(g) (1) “Health practitioner” includes any person who is authorized to practice 25
healing under the Health Occupations Article OR, EXCEPT AS PROVIDED IN PAR AGRAPH 26
(2) OF THIS SUBSECTION , § 13–516 OF THE EDUCATION ARTICLE. 27
(2) “HEALTH PRACTITIONER ” DOES NOT INCLUDE AN EMERGENCY 28
MEDICAL DISPATCHER , AS DEFINED IN § 13–516 OF THE EDUCATION ARTICLE. 29
14–308. 30
(a) Subject to the provisions of subsection (b) of this section, the identity of any 31
person who makes a report under § 14–302 of this subtitle shall be confidential. 32 HOUSE BILL 246 3
(b) The identity of a person who makes a report under § 14–302 of this subtitle 1
may be disclosed if: 2
(1) the person consents; [or] 3
(2) the court orders the disclosure; OR 4
(3) THE DISCLOSURE OCCUR S IN ACCORDANCE WITH § 1–201 OF THE 5
HUMAN SERVICES ARTICLE. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2025. 8