A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession which that are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding:, including, but not limited to, health care information that is confidential under section 1711-C.

(1) The department may apply to the District Court and Probate Court to enforce a subpoena; and.

(2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the act of turning over or providing information or records to the department; and

Sec. 13. 22 MRSA §3480-A is enacted to read:

§3480-A.__Privileged or confidential communications

The husband-wife, physician-patient and psychotherapist- patient privileges under the Maine Rules of Evidence and the confidential quality of communications under section 1711-C, Title 24-A, section 4224 and Title 32, sections 1092-A and 7005 are abrogated in relation to required reporting, cooperating with the department in an investigation or other protective activity or giving evidence in a protective proceeding.__Information released to the department pursuant to this section must be kept confidential and may not be disclosed by the department except as provided in section 3474.

A statement made to a licensed mental health professional in the course of counseling, therapy or evaluation in a case in which a privilege is abrogated under this section may not be used against the client in a criminal proceeding except to rebut the client's testimony contradicting that statement.__This section does not limit any responsibilities of the professional pursuant to this Act.

Sec. 14. 22 MRSA §3484, as enacted by PL 1981, c. 527, §2, is amended to read:

§3484. Payment for protective services

At the time the department makes an evaluation of the case reported, it shall must be determined, according to regulations set by the commissioner, whether the incapacitated or dependent