EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0205*
SENATE BILL 205
O2 5lr0343
(PRE–FILED) CF HB 246
By: Chair, Judicial Proceedings Committee (By Request – Departmental – Human
Services)
Requested: October 9, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
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; authorizing certain individuals who are required under 8
certain circumstances to report certain information regarding alleged vulnerable 9
adults to make a report by calling the statewide reporting hotline; and generally 10
relating to vulnerable adults and adult protective services. 11
BY repealing and reenacting, with amendments, 12
Article – Human Services 13
Section 1–201 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Family Law 18
Section 14–101(g), 14–302(b), and 14–308 19
Annotated Code of Maryland 20
(2019 Replacement Volume and 2024 Supplement) 21 2 SENATE BILL 205
BY repealing and reenacting, without amendments, 1
Article – Family Law 2
Section 14–302(a) 3
Annotated Code of Maryland 4
(2019 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Human Services 8
1–201. 9
(a) Except as provided in subsection (b) of this section, a person may not disclose 10
any information concerning an applicant for or recipient of social services, child welfare 11
services, cash assistance, food stamps, or medical assistance that is directly or indirectly 12
derived from the records, investigations, or communications of the State, a county, or a 13
municipal corporation or a unit of the State, a county, or a municipal corporation or that is 14
acquired in the course of the performance of official duties. 15
(b) This section does not prohibit the disclosure of information: 16
(1) in accordance with a court order; 17
(2) to an officer or employee of any state or local government[,] OR the 18
United States, [or a fiduciary institution,] if the officer or employee is entitled to the 19
information in an official capacity and the disclosure is necessary to administer: 20
(i) public assistance, medical assistance, social services, or child 21
welfare services programs; or 22
(ii) voter registration in accordance with § 3–203 of the Election Law 23
Article; [or] 24
(3) to a fiduciary institution that reported suspected financial abuse or 25
financial exploitation, if the fiduciary institution is authorized to request the information 26
under § 1–306(h) of the Financial Institutions Article; OR 27
(4) RELATING TO ADULT PR OTECTIVE SERVICES , TO AN OFFICER OR 28
EMPLOYEE OF ANY STAT E OR LOCAL GOVERNMEN T OR THE UNITED STATES IF THE 29
OFFICER OR EMPLOYEE IS RESPONSIBLE FOR C ONDUCTING AN INVESTI GATION IN 30
AN OFFICIAL CAPACITY AND THE DISCLOSURE I S RELEVANT TO THE I NVESTIGATION . 31
(c) A person who violates this section is guilty of a misdemeanor and on conviction 32
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 33 SENATE BILL 205 3
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland rea d 1
as follows: 2
Article – Family Law 3
14–101. 4
(g) (1) “Health practitioner” includes any person who is authorized to practice 5
healing under the Health Occupations Article OR, EXCEPT AS PROVIDED I N PARAGRAPH 6
(2) OF THIS SUBSECTION , § 13–516 OF THE EDUCATION ARTICLE. 7
(2) “HEALTH PRACTITIONER ” DOES NOT INCLUDE AN EMERGENCY 8
MEDICAL DISPATCHER , AS DEFINED IN § 13–516 OF THE EDUCATION ARTICLE. 9
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 10
as follows: 11
Article – Family Law 12
14–302. 13
(a) (1) Except as provided in paragraph (2) of this subsection, notwithstanding 14
any law on privileged communications, each health practitioner, police officer, or human 15
service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and 16
who has reason to believe that the alleged vulnerable adult has been subjected to abuse, 17
neglect, self–neglect, or exploitation shall: 18
(i) notify the local department; and 19
(ii) if acting as a staff member of a hospital or public health agency, 20
immediately notify and give all the information required by this section to the head of the 21
institution or the designee of the head. 22
(2) An ombudsman, as defined in § 10–901 of the Human Services Article, 23
shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or 24
complainant except as authorized under 42 U.S.C. § 3058g(d)(2). 25
(b) An individual who is required to make a report under subsection (a) of this 26
section shall make the report AS SOON AS POSSIBLE by telephone, BY direct 27
communication, or in writing to the local department [as soon as possible] OR BY CALLING 28
THE STATEWIDE REPORT ING HOTLINE. 29
14–308. 30
4 SENATE BILL 205
(a) Subject to the provisions of subsection (b) of this section, the identity of any 1
person who makes a report under § 14–302 of this subtitle shall be confidential. 2
(b) The identity of a person who makes a report under § 14–302 of this subtitle 3
may be disclosed if: 4
(1) the person consents; [or] 5
(2) the court orders the disclosure; OR 6
(3) THE DISCLOSURE OCCURS IN ACCORDANCE WITH § 1–201 OF THE 7
HUMAN SERVICES ARTICLE. 8
SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 9
effect July 1, 2026. 10
SECTION 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in 11
Section 4 of this Act, this Act shall take effect October 1, 2025. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.