An Act To Increase Efficiency and Effectiveness in the Licensing of Certain Health and Human Services Providers
Maine Legislature, Session 125, LD 0759
Committee: Health and Human Services
Sponsors: STRANG BURGESS, CRAVEN, FOSSEL, MALABY, O'CONNOR, PETERSON, SANBORN, SIROCKI, STUCKEY, PATRICK
Amends: 5 MRSA §20024, 22 MRSA §7801, 34-B MRSA §1203-A

Legislative Document 
No. 759 
H.P. 566 
House of Representatives, March 1, 2011 
An Act To Increase Efficiency and Effectiveness in the Licensing of 
Certain Health and Human Services Providers 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: FOSSEL of Alna, MALABY of Hancock, O'CONNOR of Berwick, 
PETERSON of Rumford, SANBORN of Gorham, SIROCKI of Scarborough, STUCKEY of 
Portland, Senator: PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §20024, first ¶, as amended by PL 1991, c. 850, §5, is further 
amended to read: 
The Except as otherwise provided in this section, the office shall periodically enter, 
inspect and examine a treatment facility or program and examine its books, programs, 
standards, policies and accounts.  This examination process must include a review of the 
requirements to be a community-based service provider pursuant to subchapter V 5.  The 
office shall fix and collect the fees for the inspection and certification and shall maintain 
a list of approved public and private treatment facilities. 
Sec. 2.  5 MRSA §20024, as amended by PL 1991, c. 850, §5, is further amended 
by adding at the end a new paragraph to read: 
A treatment facility or program that receives and maintains accreditation from a 
nationally recognized accrediting body as determined by the office may obtain a 
certificate of approval pursuant to section 20005, subsection 6 by submitting 
documentation of that accreditation to the office along with any applicable fees. Upon 
receipt of the documentation of accreditation and any fees, the office shall issue a 
certificate of approval to the facility or program and include the accredited facility or 
program on any list of approved facilities and programs maintained by the office. 
Notwithstanding a facility's or program's maintenance of accreditation, the office may 
withdraw the certificate of approval and remove the facility or program from the office's 
list of approved facilities and programs for failure to provide data, statistics, schedules or 
other information reasonably required by the office or for findings resulting from the 
investigation of an incident. 
Sec. 3.  22 MRSA §7801, sub-§6 is enacted to read: 
6.  Approved and licensed by accreditation.  A person, firm, corporation or 
association operating a program or facility described under subsection 1 that receives and 
maintains accreditation from a nationally recognized accrediting body as determined by 
the department may obtain a license required pursuant to subsection 1 by submitting 
documentation of that accreditation to the department along with any applicable fees. 
Upon receipt of the documentation of accreditation and any fees, the department shall 
issue a written license to the person, firm, corporation or association and include the 
accredited program or facility on any list of approved and licensed programs and facilities 
maintained by the department. Notwithstanding a program's or facility's maintenance of 
accreditation, the department may withdraw the license and remove the program or 
facility from the department's list of approved programs and facilities for findings 
resulting from the investigation of an incident. 
Sec. 4.  34-B MRSA §1203-A, sub-§8 is enacted to read: 
8.  Approved and licensed by accreditation.  An agency or facility required to 
obtain a license under this section that receives and maintains accreditation from a 
nationally recognized accrediting body as determined by the commissioner may obtain a 
full license by submitting documentation of that accreditation to the commissioner along 
with any applicable fees. Upon receipt of the documentation of accreditation and any 
fees, the commissioner shall issue a full license to the agency or facility and include the 
accredited agency or facility on any list of fully licensed agencies and facilities 
maintained by the commissioner. Notwithstanding an agency's or facility's maintenance 
of accreditation, the commissioner may withdraw the full license, change the license 
status to conditional or provisional and remove the agency or facility from the 
commissioner's list of approved agencies and facilities for findings resulting from the 
investigation of an incident. 
SUMMARY 
This bill requires the Department of Health and Human Services to approve and 
license substance abuse treatment, child and adult welfare and behavioral health agencies, 
programs and facilities that receive and maintain accreditation by nationally recognized 
accrediting bodies.  The Department of Health and Human Services is required to include 
the agency, program or facility on any list of approved and licensed agencies, programs 
and facilities maintained by the department. Notwithstanding an agency's, program's or 
facility's maintenance of accreditation, the Department of Health and Human Services 
may revoke the certificate of approval and remove a substance abuse treatment program 
or facility from the department's list of approved programs and facilities for failure to 
provide data, statistics, schedules or other information reasonably required by the 
department or revoke or modify any agency's, program's or facility's license for findings 
resulting from the investigation of an incident.