An Act to Require that Patients in Private Mental Hospitals Be Afforded the Same Rights As Patients in State Mental Institutions
Maine Legislature, Session 121, LD 0156
Committee Amendment CA_A_S482 (Senate)
Amends: 22 MRSA §1719

COMMITTEE AMENDMENT 'A' to S.P. 79, L.D. 156, Bill, "An Act 
to Require that Patients in Private Mental Hospitals Be Afforded 
the Same Rights As Patients in State Mental Institutions" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
a 
patient 
rece~v~ng 
inpatient 
mental 
health 
services from a nons tate mental health institution that is not 
subject 
to 
the 
grievance 
procedures 
of 
the 
Department 
of 
Behavioral and Developmental Services does not have grievance 
rights equal to those of a patient in a state mental health 
institution or 
a 
nons tate mental health institution that is 
subject to the department's grievance procedures; and 
Whereas, attaining as soon as possible parity of grievance 
procedures is fundamental 
to fairness 
among patients and is 
critical in the efforts of the State to achieve compliance with 
the Bates v. Walsh and Burdick consent decree; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1719 is enacted to read: 
COMMITTEE AMENDMENT 
.~ 
~~ 
COMMITTEE AMENDMENT 'A' to S.P. 79, L.D. 156 
§1719. 
Patients' rights 
This 
section applies 
to hospitals 
licensed pursuant to 
chapter 
that are nons tate mental health institutions as 
defined in Title 34-B, section 3801, subsection 6 and that are 
not subject to the grievance procedures of the Department of 
Behavioral and Developmental Services. 
1. 
Adoption of rules'. 
The commissioner shall adopt rules 
for 
the 
enhancement 
and protection of 
the rights of 
adult 
patients 
receiving 
inpatient mental 
health 
services 
from 
a 
hospital 
subject to 
the 
requirements of this 
section. 
The 
commissioner shall hold a public hearing before adopting rules 
under this section and shall give notice of the public hearing 
pursuant to Title 5, section 8053. 
Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 
5, chapter 375, subchapter 2-A. 
2. 
Rights 
protected. 
The 
rules 
adopted 
pursuant 
to 
subsection 1 must meet the requirements of Title 34-B, section 
3003, subsection 2, paragraphs A to K and must provide for the 
same opportunity for hearing and type of hearing as described in 
rules of the Department of Behavioral and Developmental Services 
relating to grievances filed by adult mental health consumers. 
3. 
De1egation. 
The 
department 
shall 
delegate 
to 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
responsibility for hearing and resolving all grievances that are 
submitted in a timely manner by patients recel.vl.ng inpatient 
mental health services in hospitals subject' to the requirements 
of this section. 
. 
4. 
Fina1 agen£Y action. 
Final resolution of a grievance by 
the Department of Behavioral and Developmental Services under the 
rules adopted pursuant to subsection 1 is the final agency action 
of the department for the purposes of judicial review under Title 
5, section 11001. 
Sec. 2. Adoption of rules. 
The Commissioner of Human Services 
shall adopt rules as required by the Maine Revised Statutes, 
Title 22, section 1719 by August 1, 2004. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
COMMITTEE AMENDMENT 
, 
.fIfo-
~ 
COMMITTEE AMENDMENT ~. to S.P. 79, L.D. 156 
SUMMARY 
This 
amendment 
replaces 
the 
bill. 
It 
requires 
the 
Commissioner of Human Services to adopt rules by August 1, 2004 
to protect the rights of adult patients receiving mental health 
services in hospitals licensed under the Maine Revised Statutes, 
Ti tIe 
22, 
chapter 
that 
are 
nons tate 
mental 
health 
institutions and are not Subject to the grievance procedures of 
the Department of Behavioral 
and Developmental Services. 
It 
requires 
the 
commissioner 
to 
hold 
a 
public 
hearing 
before 
adopting rules and designates the rules as 
routine technical 
rules. It requires the rights protected under the rules to be 
consistent 
with 
the 
rights 
of 
recipients 
of mental 
health 
services that are applicable in other settings, including the 
same opportunity for hearing and type of hearing provided under 
Department of Behavioral 
and Developmental Services rules. It 
provides for delegation of authority for hearing grievances from 
the Department of Human Services to the Department of Behavioral 
and Developmental Services and designates the decision of the 
Department of Behavioral 
and 
Developmental 
Services 
as 
final 
agency action for purposes of, judicial review. 
The amendment 
adds an emergency preamble and emergency clause to the bill. 
FISCAL :\'OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03129/04 :;tk?ac:.. 
Office of Fiscal and Program Review 
LD156 
An Act to Require that Patients in Private Mental Hospitals Be Afforded 
the Same Rights As Patients in State Mental Institutions 
LR0360(02) 
Fiscal Note for Bill as Amended by Committee Amendment '1l' 
Committee: Health and Human Services 
n 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Human Services and the Department of Behavioral and Developmental Services 
can be absorbed by the respective departments utilizing existing budgetary resources. 
LR0360(2) - Fiscal Note - Page 1 of 1