An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from Psychiatric Hospitalization
Maine Legislature, Session 128, LD 1133
Committee: Health and Human Services
Sponsors: McCREIGHT, HILL, DENNO, HILLIARD, MADIGAN, MALABY, PERRY, CARSON, CHENETTE, DOW
Amends: 34-B MRSA §1226

Legislative Document
No. 1133
H.P. 796
House of Representatives, March 23, 2017
An Act Regarding Access to Appropriate Residential Services for 
Individuals Being Discharged from Psychiatric Hospitalization
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator HILL of York and
Representatives: DENNO of Cumberland, HILLIARD of Belgrade, MADIGAN of Waterville, 
MALABY of Hancock, PERRY of Calais, Senators: CARSON of Cumberland, CHENETTE 
of York, DOW of Lincoln.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-B MRSA §1226 is enacted to read: 
§1226.  Request by patient for residential services 
1.  Definitions.  As used in this section, "residential service provider" means: 
A.  An agency or person that operates assisted housing, a residential care facility or a 
private nonmedical institution licensed pursuant to rules adopted by the department; 
or 
B.  An agency or person that provides residential services that are licensed by, funded 
by or provided under contract with the department. 
2.  Reasons for denial must be provided.  If a patient in a psychiatric hospital, as 
defined in section 3801, subsection 7-B, or a patient who is treated for a psychiatric 
condition in a hospital licensed under Title 22, section 1811 or 1813 is determined by the 
hospital to be clinically ready for discharge and requests admission or readmission from 
the hospital to a facility operated by a residential service provider and that request is 
denied, the residential service provider shall provide the patient the reasons for the denial 
in writing no later than 3 business days after the request is denied. 
3.  Standardized form.  The department shall develop a standardized form for use by 
a residential service provider to state the specific reasons for a denial under subsection 2.  
The form must include both checklists and space for additional comments to ensure 
consideration of the individual needs of the patient.  A residential service provider shall 
provide the completed standardized form to a patient who has requested admission or 
readmission to a facility operated by a residential service provider or to the patient's 
parent or guardian or designated representative.  A residential service provider shall 
annually send to the department's division of licensing and regulatory services a report of 
all patients who are denied admission or readmission pursuant to subsection 2 and the 
reasons given to the patients that were contained in the standardized forms. 
4.  Penalty.  A residential service provider that violates this section is subject to a 
civil penalty of $500, payable to the patient or the patient's parent or guardian or 
designated representative.  This penalty is recoverable in a civil action.  If a residential 
service provider violates this section 3 times or more in a calendar year, the residential 
service provider may lose the provider's license to provide residential services. 
SUMMARY 
This bill provides that, if a patient in a hospital who received treatment for a 
psychiatric condition and who the hospital has determined is clinically ready for 
discharge requests admission or readmission from the hospital to a facility operated by a 
residential service provider and that request is denied, the residential service provider 
must provide the patient the reasons for the denial in writing no later than 3 business days 
after the request is denied. 
The bill directs the Department of Health and Human Services to develop a 
standardized form for use by residential service providers to state the specific reasons for 
denial.  A residential service provider must provide the standardized form to the patient 
or the patient's parent or guardian or designated representative.  A residential service 
provider must annually send to the department's division of licensing and regulatory 
services a report of all patients who are denied admission or readmission and the reasons 
given the patients that were contained in the standardized forms. 
The bill allows a patient or a patient's parent or guardian or designated representative 
to recover $500 from a residential service provider that violates these provisions.  It also 
provides for the revocation of the license of a residential service provider that violates 
these provisions 3 times or more in a calendar year.