An Act To Establish a Consumer Council System of Maine Consistent with the AMHI Consent II Decree and the State's Comprehensive Mental Health Plan
Maine Legislature, Session 123, LD 1967
Committee Amendment CA_A_S547 (Senate)
Amends: 34-B MRSA §3611

COMMITTEE AMENDMENT" A " to S.P. 761, L.D. 1967, Bill, '"An Act To 
Establish a Consumer Council System of Maine Consistent with the AMHI Consent 
II 
Decree and the State's Comprehensive Mental Health Plan" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Consumer Council System of Maine' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
"Sec. 1. 5 MRS A §12004-I, sub-§60-B is enacted to read: 
60-B. 
Mental Health 
Consumer 
Council System of 
Maine 
Expenses and 
Legislative Per 
Diem 
Sec. 2. 34-B MRSA §3611 is enacted to read: 
§3611. Consumer Council System of Maine 
34-B MRSA §3611 
In order to promote high-quality adult mental health services, the Consumer Council 
System of Maine, established in Title 5, section 12004-1, subsection 60-B and referred to 
in this section as "the council system," is established to provide an effective, independent 
consumer voice in an advisory capacity in the development of public policy and resource 
allocation. The council svstem consists of the Statewide Consumer Council established 
in subsection 6 and local councils. 
1. 
Independent public instrumentality. 
The council system exists as an 
independent public instrumentality of the State to provide guidance and advice from 
I 
consumers of adult mental health services provided or funded by the State regarding the 
delivery of effective and appropriate adult mental health services consistent with the 
COMMITTEE AMENDMENT 
~~ 
~."..:¥C.} 
I 
" 
-' 
II 
COMMITTEE AMENDMENT .. A " 
to S.P. 761, L.D. 1967 
State's comprehensive mental health services plan and to comply with the consent decree 
and incorporated settlement agreement in the case of Paul Bates, et al. v. Robert Glover, 
et al., Kennebec County Superior Court, Civil Action Docket No. CV-89-88 dated August 
2,1990. 
2. Governmental functions; tort claims. Exercise of the powers conferred by this 
section is the performance of an essential governmental function. The council system 
must be considered as within the definition of "State" for the purposes of Title 14, section 
8102, subsection 4. The council system is not considered an agency of the State for the 
purposes of budgeting, accounts and control, auditing, contracting and purchasing. 
3. Duties. As pertains to the delivery of mental health services for adults, the 
council system shall: 
A. Advise the department, the Governor and other state agencies. This duty includes 
advising the department on the review, analysis and evaluation of adult mental health 
programs, policies, procedures and service delivery systems administered or funded 
by the State ftnd the hiring of personnel when appropriate; 
B. 
Assist the department in program design and implementation, including 
assessment of the quality of services and delivery svstems and prioritization of 
programming; 
C. Provide consumers with a recognized mechanism for collaboration with State 
Government, including addressing issues with persons and entities that provide 
services through contracts with the department; 
D. 
Provide input regarding programs, evaluation, public policy and resource 
allocation and address issues and concerns that arise at the local level; 
E. Identify, research and respond to issues of importance to consumers, including 
requesting information and data to facilitate informed decision making; 
F. Interact with state agencies, community entities and other organizations; 
G. Provide budget requests to fund the council system to the department for each 
biennial budget and each supplemental budget; and 
H. Make annual and interim recommendations to State Government and provide by 
May 3 I st of each year a report to the Governor and the Legislature. The report must 
include analysis of state programs, policies and procedures, legislative and regulatory 
proposals and recommendations for action by the State. 
4. Powers. The council system may: 
A. Contract for staff assistance or hire employees, including an executive director or 
project manager and such other staff as necessary, to conduct the activities of and 
support the duties of the council system. Employees of the council system are not 
state employees; however, they are immune from civil liability for acts that they 
perform in good faith within the scope of their duties for the council system; 
B. Reimburse members of the Statewide Consumer Council established in subsection 
and local council members who are not otherwise fully reimbursed for expenses of 
participating in council system meetings from the council system budget in an 
COMMITTEE AMENDMENT 
\,; c, 
~-', 
'-.~. 
":"";" 
I 
II 
COMMITTEE AMENDMENT "A "to S.P. 761, L.D. 1967 
amount up to the legislative per diem rate for participation in Statewide Consumer 
Council and local council meetings, plus reimbursement for reasonable and necessary 
expenses actually incurred, including but not limited to costs incurred for travel, child 
care for the member's child and substitute care for dependent adults. A standard 
statewide rate of reimbursement, including reduced reimbursement for a member 
entitled to partial reimbursement from any other source, must be approved by the 
Statewide Consumer Council. 
To the extent allowable under federal law, 
reimbursement under this paragraph may not be counted as income, resources or 
assets for the purposes of determining eligibility for benefits under any state or 
municipal program of assistance or health coverage for which a council member may 
be eligible; 
C. Engage in advocacy regarding legislative and regulatory initiatives; and 
D. 
Provide interim reports to the Governor and the Legislature and respond to 
written responses from the department under subsection 5. 
5. Written response. No later than September 30th of each year, the commissioner 
shall provide a written response to the council system's annual report under subsection 3, 
paragraph H to the chair of the Statewide Consumer Council, the Governor and the 
Legislature. The response must: 
A. Address the actions that the department plans to take or proposes to implement 
with regard to the recommendations contained in the council system's annual report 
and any interim reports or the reasons for declining to take or propose action; and 
B. Include a report on progress in implementing actions detailed in prior department 
written reports under this subsection. 
6. Statewide Consumer Council. The provisions of this subsection govern the 
membership, duties and operation of the Statewide Consumer Council, as established in 
Title 5, section 12004-1, subsection 60-B. 
A. The Statewide Consumer Council consists of 16 to 30 members who represent the 
local councils, described in subsection 7, after being elected at local council meetings 
on a schedule established by the Statewide Consumer Council. 
B. Members of the Statewide Consumer Council shall annually elect a coordinating 
committee consisting of a chair, vice-chair, secretary and treasurer. Officers serve for 
terms of one year and are eligible for reelection. 
C. The Statewide Consumer Council shall: 
(I) Convene at least 4 regular meetings per year and special meetings as the 
Statewide Consumer Council determines necessary; 
(2) 
Establish an application procedure by which the Statewide Consumer 
Council may recognize a local council; 
(3) Determine the timing of and procedures for elections by local councils to 
elect representatives to the Statewide Consumer Council; 
(4) Apportion the number of representatives each local council will have on the 
Statewide Consumer Council; and 
COMMITTEE AMENDMENT 
~~ 
\? \.#<. 
COMMITTEE AMENDMENT" A" to S.P. 761, L.D. 1967 
(5) 
Adopt policies and procedures regarding removal for good cause of a 
Statewide Consumer Council member. 
D. Meetings of the Statewide Consumer Councilor such subcommittees as may be 
formed from the council membership may be held to perform the duties listed in 
subsection 3 and: 
(1) To receive, review and distribute the recommendations of the local councils 
and prepare the council system's annual report and any interim reports; 
(2) To develop a mechanism for communication with department personnel that 
ensures timely responses to issues and concerns identified by the council system 
and that provides a formal means of communication with the commissioner and 
high-level department personnel; 
(3) To advise and engage in dialogue with the department concerning oversight, 
evaluation, un met needs, quality assurance and quality improvement, design of 
new program initiatives and:primitization of programming; and 
(4) To oversee and manage the council system, including assumption of 
responsibility for the development of local councils in unrepresented areas. 
E. 
The Statewide Consumer Council shall adopt policies and procedures for the 
operation of the Statewide Consumer Council and the local councils. The policies 
must: 
(1) 
Require that local councils file with the Statewide Consumer Council 
periodic reports and maintain records of meetings and business conducted. a list 
of members elected to the Statewide Consumer Council and leadership and 
financial records; and 
(2) 
Require that the Statewide Consumer Council file with the department 
periodic reports and maintain records of meetings and business conducted, 
policies and procedures adopted and financial records as required by contract 
with the department. 
7. Local councils. The provisions of this subsection govern the membership, duties 
and operation of the local councils. 
A. 
Each local council shall follow the policies and procedures for local councils 
adopted by the Statewide Consumer Council pursuant to subsection 6. 
B. Each local council shall hold regular meetings, at least 4 per year and more if 
determined necessary by the local council, for the purpose of discussing and 
reviewing the delivery of adult mental health services to consumers and shall engage 
in other activities: 
(I) To reach out to all persons in the surrounding community to encourage 
participation in the local council, to stimulate and receive local consumer advice 
and to gain awareness of local concerns, needs and ideas, including identifying 
concerns of persons who do not usually participate in the local council meetings; 
(2) To advocate for and provide advice regarding local response to local issues; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 761, L.D. 1967 
I 
(3) To advise the department, State Government and independent contractors on 
local responses to local issues through communication with the Statewide 
Consumer Council; 
(4) To elect representatives to the Statewide Consumer Council; and 
(5) To communicate with the Statewide Consumer Council via elected members 
and reports regarding issues of concern identified by the local council. 
8. 
Funding. 
Funding for the council system must be included as part of the 
Governor's proposed budget for the department. The council system may accept gifts, 
grants and other funds and contributions for use in performing the duties of the council 
system as long as such gifts, grants, funds and contributions are in accordance with state 
II 
laws prohibiting conflicts of interest. 
9. 
General provisions. 
The provisions of this subsection apply to the council 
system. 
A. A Statewide Consumer Council member or elected local council member may not 
cast a vote on any matter that would provide any direct or indirect financial benefit to 
that member or otherwise give the appearance of a conflict of interest under state law. 
B. A person may not be excluded from the council system or discriminated against 
within the council system by reason of race, creed, color, gender, sexual orientation, 
age, marital status, homelessness, national origin, disability or status as a consumer of 
mental health services. 
C. 
Meetings of the Statewide Consumer Council and local councils are public 
proceedings and their records are public records for the purposes of Title I, chapter 
13. 
Sec. 3. Transition provisions. The provisions of this section apply to the transfer 
of functions from the Transitional Planning Group convened under the auspices of the 
Department of Health and Human Services in 2007 to the Consumer Council System of 
Maine and to the remaining time period under the consent decree and incorporated 
settlement agreement in the case of Paul Bates, et al. v. Robert Glover, et aI., Kennebec 
County Superior Court, Civil Action Docket No. CY-89-88 dated August 2, 1990. 
1. Governance guidelines. The governance guidelines approved by the Transitional 
Planning Group on April 19, 2007 must serve as the initial policies and procedures for the 
establishment of the Consumer Council System of Maine, including local councils, until 
those policies and procedures are replaced by the Statewide Consumer Council elected 
pursuant to the Maine Revised Statutes, Title 34-8, section 36 I I. 
2. Members of the interim Statewide Consumer Council. An interim Statewide 
Consumer Council, consisting of Transitional Planning Group representatives serving on 
the effective date of this Act, shall serve until local councils are established and elect 
members to the Statewide Consumer Council under the provisions of the Maine Revised 
Statutes, Title 34-B, section 361 I, subsections 6 and 7. 
3. Relationship to the Bates v. Glover consent decree. During the time period in 
which the consent decree and incorporated settlement agreement in the case of Paul 
Bates, et al. v. Robert Glover, et aI., Kennebec County Superior Court, Civil Action 
COMMITTEE AMENDMENT 
I 
II 
COMMITTEE AMENDMENT .. A 
.. to S.P. 761, L.D. 1967 
Docket No. CY -89-88 dated August 2, 1990 are in effect, the Consumer Council System 
of Maine shall provide its annual report under the Maine Revised Statutes, Title 34-8, 
section 3611, subsection 3, paragraph H to the Court Master and to the Chief Justice of 
the Maine Supreme Judicial Court in addition to the Governor and the Legislature. In 
addition, during this time period the Statewide Consumer Council shall maintain formal 
communication with the Court Master at least twice per year to ensure the effectiveness 
ofthe Consumer Council System of Maine.' 
SUMMARY 
This amendment establishes the Consumer Council System of Maine, consisting of 
the Statewide Consumer Council and local councils, to provide an effective, independent 
consumer voice in an advisory capacity in the development of public policy and resource 
allocation for delivery of adult mental health services in the State. 
FISCAL NOTE REQUIRE-I) -
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26/08 Mac 
LD 1967 
LR 2989(02) 
An Act To Establish a Consumer Council System of Maine Consistent with the AMHI Consent Decree 
and the State's Comprehensive Mental Health Plan 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Tha additional costs associated with the mental health consumer council can be absorbed by the Department of Health 
and Human Services utilizing existing budgeted resources. 
LR2989(02) - Fiscal Note - Page 1 of 1