An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from Psychiatric Hospitalization
Maine Legislature, Session 128, LD 1133
Committee Amendment CA_A_H760 (House)

COMMITTEE AMENDMENT "A'' to H.P. 796, L.D. 1133, Bill, "An Act 
Regarding Access to Appropriate Residential Services for Individuals Being Discharged 
from Psychiatric Hospitalization" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 34~B MRSA §1226 is enacted to read: 
§1226. Resources available for patients entering residential care facilities 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
11Hospital
means a hospital licensed under Title 22, chapter 405 or a nonstate 
mental health institution as defined in section 3801, subsection 6. 
B. 
11Patient
means a person who is 18 years of age or older, who is receiving 
inpatient services in a hospital for a severe and persistent mental illness as defined in 
section 3801, subsection 8-A and who the hospital has determined to be ready for 
discharge from the hospital. 
C. "Residential service provider" means a facility licensed under Title 22, section 
7801, subsection 1, paragraph A or A-1. 
2. Application for additional services. A residential service provider may apply to 
the department for services in order to temporarily meet a patient's needs when the patient 
requires reasonable accommodations or a higher level of care for admission or 
readmission to the residential service provider. 
If the services necessary to meet a patient's needs under this subsection are reimbursable 
by the MaineCare program, the department shall direct the residential service provider to 
first seek reimbursement from the MaineCare program. The department shall provide 
technical support to the residential service provider in order to determine whether 
MaineCare reimbursement is available. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT./+,, to H.P .. 796, L.D. 1133 
The department shall adopt rules to implement this subsection. Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
3. Repeal. This section is repealed July 1, 2020. 
Sec. 2. Rulemaking. The Department of Health and Human Services shall adopt 
rules to implement the Maine Revised Statutes, Title 34-B, section 1226 no later than 
January 1, 2019. 
Sec. 3. Report. The Department of Health and Human Services shall report in 
writing by January 15, 2020 to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters on the implementation of the Maine 
Revised Statutes, Title 34-B, section 1226, including, but not limited to, the number of 
applications received; the number of patients served; the costs of patient services 
provided, including whether the services were reimbursable by the MaineCare program; 
and the types of services received by patients.' 
SUMMARY 
This amendment replaces the bill. It provides that a residential service provider may 
apply to the Department of Health and Human Services for temporary services in order to 
meet the needs of an adult patient who is ready for discharge from psychiatric 
hospitalization when the patient requires reasonable accommodations or a higher level of 
care for admission or readmission to the residential service provider's facility. It provides 
that if the services are reimbursable by the MaineCare program, the residential service 
provider must seek reimbursement first and it directs the department to provide the 
residential service provider with technical support in seeking MaineCare reimbursement. 
It directs the department to adopt rules to implement these provisions no later than 
January 1, 2019. It directs the department to report to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters by Januaty 15, 
2020. It provides that these provisions are repealed July 1, 2020. 
FISCAL NOTE REQUIRED 
(See attatbed) 
COMMITTEE AMENDMENT 
Approved: 04/10/18 fea~ 
LD 1133 
LR 871(02) 
An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from 
Psychiatric Hospitalization 
Fiscal Note for Bill as Amended by Committee Amendment 'ff ( H- 7 l:,D) 
Committee: Health and Human Services 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Cunent biennium cost increase - Federal Expenditures Fund 
Potential current biennium savings - General Fund 
Potential current biennium savings - Federal Expenditures Fund 
This amendment allows a residential service provider to apply to the Department of Health and Human Services 
(DHHS) for time-limited services in order to meet a patient's needs when the patient requires reasonable 
accommodations or a higher level of care for admission or readmission to the residential service provider. It directs 
lhe DHHS to provide the residential service provider with technical support in seeking MaineCare reimbursement, 
when applicable. Implementing this bill will increase MaineCare costs for residential care facilities (RCF), as some 
members will receive additional services. However, that increase could potentially be offset by the savings that occur 
when moving a member to this lower cost setting from a higher cost inpatient facility. This bill will be repealed July 
1, 2020, allowing the department to gather infonnation about the cost and savings associated with these members and 
report back to the legislature with their findings. As it is not known presicely what services will be required, how 
many members will receive the services, how much sooner they are readmitted to the RCF and the associated savings 
achieved by moving from a higher cost inpatient facility to a lower cost RCF, a more complete estimate cannot be 
made at this time. 
It has been estimated that 10 to 25 individuals would apply for this service in a given year, based on the experience in 
previous years, so the additional costs to the DHHS to receive and process the applications and report to the joint 
standing committee having jmisdiction over health and human services matters on the outcomes are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR0871(02) - Fiscal Note - Page 1 of 1