An Act To Ensure the Effective Management of the Behavioral Health Care Services System in Maine
Maine Legislature, Session 123, LD 1676
Committee: Health and Human Services
Sponsors: EDMONDS, PINGREE
Amends: 34-B MRSA §3003

Legislative Document 
S.P.581 
An Act To Ensure the Effective Management of the Behavioral 
Health Care Services System in Maine 
(EMERGENCY) 
No. 1676 
March 22, 2007 
Reference to the Committee on Health and Human Services suggested and ordered printed . 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representative: PINGREE of North Haven. 
Printed On recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative that a managed behavioral health care system be 
established as soon as possible to ensure and protect public health and welfare; 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. 34-8 MRS A §3001, as amended by PL 1995, c. 560, Pt. K, §31 and 
affected by §83; amended by PL 2001, c. 354, §3; and amended by PL 2003, c. 689, Pt. 
B, §6, is further amended to read: 
, 
§300 1. General 
The Department of Health and Human Services is responsible for the direction of the 
mental health programs in the state institutions and for the promotion and guidance of 
mental health programs within the communities of the State including establishing a 
managed behavioral health care services system as required by Public Law 2005, chapter 
457, Part PP; Public Law 2005, chapter 519, Part ZZZ; and Resolve 2005, chapter 203. 
1. 
Managed behavioral health care services system. 
In developing and 
implementing a managed behavioral health care services system, the department shall: 
A. 
Contract with an experienced behavioral health care company to provide 
management functions, including, but not limited to, provider enrollment; quality 
improvement; rate setting that applies to all providers, including the State and private 
and public hospitals; network development; utilization review; level of care 
determination; best practices guidelines; claims management; information processing; 
provider credentialing; consent decree compliance; and elimination of system 
redundancy; 
B. Develop contract specifications that include a model that limits risks, provides 
incentives for performance, incorporates full parity for mental health services, 
focuses on prevention, early intervention and recovery and specifies contractual, 
financial and service outcomes; 
C. Be responsible for the policy development, financing, leadership and evaluation 
of quality of the system and for system improvements while eliminating state 
duplication of private and community services and programs; 
D. Develop a system that focuses on the whole person and the person's environment, 
including but not limited to transportation, housing and vocational and social needs; 
E. Develop a stakeholders' group to advise the department on the development of the 
system while promoting and supporting the highest level of community inclusion; 
and 
F. 
Ensure that the system is equitable and person-centered, provides consumer 
choice, is easy to understand and is accessible through multiple avenues, including, 
but not limited to, referrals from physicians or social service agencies, and is free of 
logistical, geographical and bureaucratic baniers. 
Sec. 2. 34-B MRSA §3003, sub-§2, ~K, as amended by PL 1987, c. 246, §1, is 
further amended to read: 
K. 
Provisions for a fair, timely and impartial grievance procedure for the purpose of 
ensuring appropriate administrative resolution of grievances with respect to 
infringement of rights; aOO 
Sec. 3. 34-B MRSA §3003, sub-§2, ~, as enacted by PL 1987, c. 246, §2, is 
amended to read: 
L. 
To the extent that state and community resources are available, establishment of 
the rights of long-term mentally ill clients containing the following requirements: 
(1) The right to a service system wlHefl that employs culturally normative and 
valued methods and settings; 
(2) The right to coordination of the disparate components of the community 
service system; 
(3) The right to individualized developmental programming which recognizes 
that each long-term mentally ill individual is capable of growth or slowing of 
deterioration; 
(4) The right to a continuum of community services allowing a gradual transition 
from a more intense level of service; aOO 
(5) The right to the maintenance of mtural support systems, such as family and 
friends of the long-term mentally ill individual and formal and informal networks 
of mutual and self-help;; and 
Sec. 4. 34-B MRS A §3003, sub-§2, ~ 
is enacted to read: 
M. Establishment of a managed behavioral health care services system as required 
by Public Law 2005, chapter 457, Part PP; Public Law 2005, chapter 519, Part ZZZ; 
and Resolve 2005, chapter 203 in accordance with section 3001, subsection l. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill codifies the development of a managed behavioral health care services 
system pursuant to Public Law 2005, chapter 457, Part PP; Public Law 2005, chapter 519, 
Part ZZZ; and Resolve 2005, chapter 203. It provides specific information designed to 
guide the development of the system. 
P.lgC:2 - 123LR1782(OlH