MD
Maryland House Bill HB246

Maryland 2025 Regular Session

Maryland House Bill HB246 Compare Versions

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1- WES MOORE, Governor Ch. 37
21
3-– 1 –
4-Chapter 37
5-(House Bill 246)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0246*
89
9-Human Services – Adult Protective Services
10+HOUSE BILL 246
11+O2 5lr0344
12+ (PRE–FILED) CF SB 205
13+By: Chair, Judiciary Committee (By Request – Departmental – Human Services)
14+Requested: October 9, 2024
15+Introduced and read first time: January 8, 2025
16+Assigned to: Judiciary
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: March 3, 2025
1020
11-FOR the purpose of specifying that certain provisions of law relating to confidentiality do
12-not prohibit the disclosure of certain information relating to adult protective services
13-or the disclosure of the identity of certain persons making certain reports under
14-certain circumstances; expanding the definition of “health practitioner” to include
15-certain emergency medical services providers in certain provisions of law relating to
16-adult protective services; authorizing certain individuals who are required under
17-certain circumstances to report certain information regarding alleged vulnerable
18-adults to make a report by calling the statewide reporting hotline; and generally
19-relating to vulnerable adults and adult protective services.
21+CHAPTER ______
2022
21-BY repealing and reenacting, with amendments,
22- Article – Human Services
23- Section 1–201
24- Annotated Code of Maryland
25- (2019 Replacement Volume and 2024 Supplement)
23+AN ACT concerning 1
2624
27-BY repealing and reenacting, with amendments,
28- Article – Family Law
29- Section 14–101(g), 14–302(b), and 14–308
30- Annotated Code of Maryland
31- (2019 Replacement Volume and 2024 Supplement)
25+Human Services – Adult Protective Services 2
3226
33-BY repealing and reenacting, without amendments,
34- Article – Family Law
35- Section 14–302(a)
36- Annotated Code of Maryland
37- (2019 Replacement Volume and 2024 Supplement)
27+FOR the purpose of specifying that certain provisions of law relating to confidentiality do 3
28+not prohibit the disclosure of certain information relating to adult protective services 4
29+or the disclosure of the identity of certain persons making certain reports under 5
30+certain circumstances; expanding the definition of “health practitioner” to include 6
31+certain emergency medical services providers in certain provisions of law relating to 7
32+adult protective services; authorizing certain individuals who are required under 8
33+certain circumstances to report certain information regarding alleged vulnerable 9
34+adults to make a report by calling the statewide reporting hotline; and generally 10
35+relating to vulnerable adults and adult protective services. 11
3836
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
37+BY repealing and reenacting, with amendments, 12
38+ Article – Human Services 13
39+ Section 1–201 14
40+ Annotated Code of Maryland 15
41+ (2019 Replacement Volume and 2024 Supplement) 16
4142
42-Article – Human Services
43+BY repealing and reenacting, with amendments, 17
44+ Article – Family Law 18
45+ Section 14–101(g), 14–302(b), and 14–308 19
46+ Annotated Code of Maryland 20
47+ (2019 Replacement Volume and 2024 Supplement) 21
48+ 2 HOUSE BILL 246
4349
44-1–201.
4550
46- (a) Except as provided in subsection (b) of this section, a person may not disclose
47-any information concerning an applicant for or recipient of social services, child welfare
48-services, cash assistance, food stamps, or medical assistance that is directly or indirectly
49-derived from the records, investigations, or communications of the State, a county, or a Ch. 37 2025 LAWS OF MARYLAND
51+BY repealing and reenacting, without amendments, 1
52+ Article – Family Law 2
53+ Section 14–302(a) 3
54+ Annotated Code of Maryland 4
55+ (2019 Replacement Volume and 2024 Supplement) 5
5056
51-– 2 –
52-municipal corporation or a unit of the State, a county, or a municipal corporation or that is
53-acquired in the course of the performance of official duties.
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5459
55- (b) This section does not prohibit the disclosure of information:
60+Article – Human Services 8
5661
57- (1) in accordance with a court order;
62+1–201. 9
5863
59- (2) to an officer or employee of any state or local government[,] OR the
60-United States, [or a fiduciary institution,] if the officer or employee is entitled to the
61-information in an official capacity and the disclosure is necessary to administer:
64+ (a) Except as provided in subsection (b) of this section, a person may not disclose 10
65+any information concerning an applicant for or recipient of social services, child welfare 11
66+services, cash assistance, food stamps, or medical assistance that is directly or indirectly 12
67+derived from the records, investigations, or communications of the State, a county, or a 13
68+municipal corporation or a unit of the State, a county, or a municipal corporation or that is 14
69+acquired in the course of the performance of official duties. 15
6270
63- (i) public assistance, medical assistance, social services, or child
64-welfare services programs; or
71+ (b) This section does not prohibit the disclosure of information: 16
6572
66- (ii) voter registration in accordance with § 3–203 of the Election Law
67-Article; [or]
73+ (1) in accordance with a court order; 17
6874
69- (3) to a fiduciary institution that reported suspected financial abuse or
70-financial exploitation, if the fiduciary institution is authorized to request the information
71-under § 1–306(h) of the Financial Institutions Article; OR
75+ (2) to an officer or employee of any state or local government[,] OR the 18
76+United States, [or a fiduciary institution,] if the officer or employee is entitled to the 19
77+information in an official capacity and the disclosure is necessary to administer: 20
7278
73- (4) RELATING TO ADULT PR OTECTIVE SERVICES , TO AN OFFICER OR
74-EMPLOYEE OF ANY STAT E OR LOCAL GOVERNMEN T OR THE UNITED STATES IF THE
75-OFFICER OR EMPLOYEE IS RESPONSIBLE FOR C ONDUCTING AN INVESTI GATION IN
76-AN OFFICIAL CAPACITY AND THE DISCLOSURE I S RELEVANT TO THE IN VESTIGATION.
79+ (i) public assistance, medical assistance, social services, or child 21
80+welfare services programs; or 22
7781
78- (c) A person who violates this section is guilty of a misdemeanor and on conviction
79-is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
82+ (ii) voter registration in accordance with § 3–203 of the Election Law 23
83+Article; [or] 24
8084
81- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
82-as follows:
85+ (3) to a fiduciary institution that reported suspected financial abuse or 25
86+financial exploitation, if the fiduciary institution is authorized to request the information 26
87+under § 1–306(h) of the Financial Institutions Article; OR 27
8388
84-Article – Family Law
89+ (4) RELATING TO ADULT PR OTECTIVE SERVICES , TO AN OFFICER OR 28
90+EMPLOYEE OF ANY STAT E OR LOCAL GOVERNMEN T OR THE UNITED STATES IF THE 29
91+OFFICER OR EMPLOYEE IS RESPONSIBLE FOR C ONDUCTING AN INVESTI GATION IN 30
92+AN OFFICIAL CAPACITY AND THE DISCLOSURE I S RELEVANT TO THE I NVESTIGATION . 31
8593
86-14–101.
94+ (c) A person who violates this section is guilty of a misdemeanor and on conviction 32
95+is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 33
96+ HOUSE BILL 246 3
8797
88- (g) (1) “Health practitioner” includes any person who is authorized to practice
89-healing under the Health Occupations Article OR, EXCEPT AS PROVIDED I N PARAGRAPH
90-(2) OF THIS SUBSECTION , § 13–516 OF THE EDUCATION ARTICLE.
9198
92- (2) “HEALTH PRACTITIONER ” DOES NOT INCLUDE AN EMERGENCY
93-MEDICAL DISPATCHER , AS DEFINED IN § 13–516 OF THE EDUCATION ARTICLE.
99+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland rea d 1
100+as follows: 2
94101
95- SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
96-as follows: WES MOORE, Governor Ch. 37
102+Article – Family Law 3
97103
98-– 3 –
104+14–101. 4
99105
100-Article – Family Law
106+ (g) (1) “Health practitioner” includes any person who is authorized to practice 5
107+healing under the Health Occupations Article OR, EXCEPT AS PROVIDED I N PARAGRAPH 6
108+(2) OF THIS SUBSECTION , § 13–516 OF THE EDUCATION ARTICLE. 7
101109
102-14–302.
110+ (2) “HEALTH PRACTITIONER ” DOES NOT INCLUDE AN EMERGENCY 8
111+MEDICAL DISPATCHER , AS DEFINED IN § 13–516 OF THE EDUCATION ARTICLE. 9
103112
104- (a) (1) Except as provided in paragraph (2) of this subsection, notwithstanding
105-any law on privileged communications, each health practitioner, police officer, or human
106-service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and
107-who has reason to believe that the alleged vulnerable adult has been subjected to abuse,
108-neglect, self–neglect, or exploitation shall:
113+ SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
114+as follows: 11
109115
110- (i) notify the local department; and
116+Article – Family Law 12
111117
112- (ii) if acting as a staff member of a hospital or public health agency,
113-immediately notify and give all the information required by this section to the head of the
114-institution or the designee of the head.
118+14–302. 13
115119
116- (2) An ombudsman, as defined in § 10–901 of the Human Services Article,
117-shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or
118-complainant except as authorized under 42 U.S.C. § 3058g(d)(2).
120+ (a) (1) Except as provided in paragraph (2) of this subsection, notwithstanding 14
121+any law on privileged communications, each health practitioner, police officer, or human 15
122+service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and 16
123+who has reason to believe that the alleged vulnerable adult has been subjected to abuse, 17
124+neglect, self–neglect, or exploitation shall: 18
119125
120- (b) An individual who is required to make a report under subsection (a) of this
121-section shall make the report AS SOON AS POSSIBLE by telephone, BY direct
122-communication, or in writing to the local department [as soon as possible] OR BY CALLING
123-THE STATEWIDE REPORT ING HOTLINE.
126+ (i) notify the local department; and 19
124127
125-14–308.
128+ (ii) if acting as a staff member of a hospital or public health agency, 20
129+immediately notify and give all the information required by this section to the head of the 21
130+institution or the designee of the head. 22
126131
127- (a) Subject to the provisions of subsection (b) of this section, the identity of any
128-person who makes a report under § 14–302 of this subtitle shall be confidential.
132+ (2) An ombudsman, as defined in § 10–901 of the Human Services Article, 23
133+shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or 24
134+complainant except as authorized under 42 U.S.C. § 3058g(d)(2). 25
129135
130- (b) The identity of a person who makes a report under § 14–302 of this subtitle
131-may be disclosed if:
136+ (b) An individual who is required to make a report under subsection (a) of this 26
137+section shall make the report AS SOON AS POSSIBLE by telephone, BY direct 27
138+communication, or in writing to the local department [as soon as possible] OR BY CALLING 28
139+THE STATEWIDE REPORT ING HOTLINE. 29
132140
133- (1) the person consents; [or]
141+14–308. 30
134142
135- (2) the court orders the disclosure; OR
143+ (a) Subject to the provisions of subsection (b) of this section, the identity of any 31
144+person who makes a report under § 14–302 of this subtitle shall be confidential. 32 4 HOUSE BILL 246
136145
137- (3) THE DISCLOSURE OCCUR S IN ACCORDANCE WITH § 1–201 OF THE
138-HUMAN SERVICES ARTICLE.
139146
140- SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take
141-effect July 1, 2026.
142147
143- SECTION 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in
144-Section 4 of this Act, this Act shall take effect October 1, 2025. Ch. 37 2025 LAWS OF MARYLAND
148+ (b) The identity of a person who makes a report under § 14–302 of this subtitle 1
149+may be disclosed if: 2
145150
146-– 4 –
151+ (1) the person consents; [or] 3
147152
148-Approved by the Governor, April 8, 2025.
153+ (2) the court orders the disclosure; OR 4
154+
155+ (3) THE DISCLOSURE OCCURS IN ACCORDANCE WITH § 1–201 OF THE 5
156+HUMAN SERVICES ARTICLE. 6
157+
158+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 7
159+effect July 1, 2026. 8
160+
161+ SECTION 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in 9
162+Section 4 of this Act, this Act shall take effect October 1, 2025. 10
163+
164+
165+
166+Approved:
167+________________________________________________________________________________
168+ Governor.
169+________________________________________________________________________________
170+ Speaker of the House of Delegates.
171+________________________________________________________________________________
172+ President of the Senate.