Resolve, Establishing the Working Group on Mental Health
Maine Legislature, Session 129, LD 1602
Committee: Health and Human Services
Sponsors: BREEN, WARREN, CARPENTER, DESCHAMBAULT, GRATWICK, BAILEY, GIDEON, HYMANSON, MADIGAN

Legislative Document
No. 1602
S.P. 508
In Senate, April 18, 2019
Resolve, Establishing the Working Group on Mental Health
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative WARREN of Hallowell and
Senators: CARPENTER of Aroostook, DESCHAMBAULT of York, GRATWICK of 
Penobscot, Representatives: BAILEY of Saco, Speaker GIDEON of Freeport, HYMANSON 
of York, MADIGAN of Waterville.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve establishes the Working Group on Mental Health to review 
the State's mental health system and propose a mental health plan for the State; and
Whereas, community-based mental health services are the foundation for a healthy 
Maine, and the State is currently housing too many people with behavioral health needs 
in jails and emergency rooms; and
Whereas, the review must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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
Sec. 1.  Working group established.  Resolved:  That the Working Group on 
Mental Health, referred to in this resolve as "the working group," is established to review 
the State's mental health system and propose a mental health plan for the State.
Sec. 2.  Working group membership.  Resolved:  That, notwithstanding Joint 
Rule 353, the working group consists of 11 members as follows:
1.  Two members of the Senate appointed by the President of the Senate, one of 
whom serves on the Joint Standing Committee on Health and Human Services and one of 
whom serves on the Joint Standing Committee on Criminal Justice and Public Safety;
2.  One member of the House of Representatives appointed by the Speaker of the 
House who serves on the Joint Standing Committee on Judiciary;
3.  One member representing consumers of mental health services appointed by the 
Speaker of the House;
4.  One member representing the National Alliance on Mental Illness Maine 
organization appointed by the President of the Senate;
5.  One member representing providers of homeless shelter services appointed by the 
Speaker of the House;
6.  One member representing hospitals in the State appointed by the President of the 
Senate;
7.  One member representing county sheriffs appointed by the Speaker of the House;
8.  The Attorney General or the Attorney General's designee;
9.  The Commissioner of Health and Human Services or the commissioner's designee; 
and
10.  The Commissioner of Corrections or the commissioner's designee.
The chairs of the working group shall invite the participation on the working group of 
a representative of the Judicial Department.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
working group.
Sec. 4.  Appointments; convening of working group.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the working group.  If 30 days or 
more after the effective date of this resolve a majority of but not all appointments have 
been made, the chairs may request authority and the Legislative Council may grant 
authority for the working group to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the working group shall review the State's mental 
health system and propose a mental health plan for the State.  As part of its review, the 
working group shall examine:
1.  Information on total state and federal dollars spent on children's and adult 
behavioral health care as coded by Medicaid and where those dollars are currently spent;
2.  Access to mental health care in the State, including issues associated with waiting 
lists, geographic barriers to access and lack of adequate reimbursement to community-
based programs that prevents those programs from reaching optimum capacity;
3.  The quality of outcomes;
4.  The costs required to provide mental health services in emergency rooms, 
inpatient settings, homeless shelters, jails and prisons as compared with the costs required 
to provide mental health services such as medication management, daily living support, 
peer support and other therapies provided in community-based settings;
5.  An assessment of assets and deficits; and
6.  The projected effect of MaineCare expansion on the provision of mental health 
services.
Based on the information collected pursuant to this section, the working group shall 
propose a mental health plan for the State.
Sec. 6.  Staff assistance.  Resolved:  That the Department of Health and Human 
Services shall provide necessary staffing services to the working group.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the working 
group shall submit a report that includes its proposed mental health plan for the State 
under section 5, including suggested legislation, for presentation to the Joint Standing 
Committee on Health and Human Services, the Joint Standing Committee on Criminal 
Justice and Public Safety, the Joint Standing Committee on Judiciary and the Joint 
Standing Committee on Appropriations and Financial Affairs.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve establishes the Working Group on Mental Health to assess the State's 
capacity to serve Maine citizens with behavioral health needs and propose a 
comprehensive mental health plan for the State.