Resolve, To Establish the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals
Maine Legislature, Session 129, LD 1229
Committee: Judiciary
Sponsors: McCREIGHT, DAVIS, COOPER, HANDY, JAVNER, KORNFIELD, MADIGAN, PERRY, SCHNECK, STOVER

Legislative Document
No. 1229
H.P. 890
House of Representatives, March 14, 2019
Resolve, To Establish the Committee To Study and Develop 
Recommendations To Address Guardianship Challenges That Delay 
Patient Discharges from Hospitals
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: COOPER of Yarmouth, HANDY of Lewiston, JAVNER of Chester, 
KORNFIELD of Bangor, MADIGAN of Waterville, PERRY of Calais, SCHNECK of Bangor, 
STOVER of Boothbay.
Sec. 1.  Committee established.  Resolved:  That the Committee To Study and 
Develop Recommendations To Address Guardianship Challenges That Delay Patient 
Discharges from Hospitals, referred to in this resolve as "the committee," is established.
Sec. 2.  Committee membership.  Resolved:  That, notwithstanding Joint Rule 
353, the committee consists of 13 members appointed as follows:
1.  One member of the Senate, appointed by the President of the Senate;
2.  One member of the House of Representatives, appointed by the Speaker of the 
House;
3.  One Legislator who sits on the Joint Standing Committee on Health and Human 
Services, appointed by the President of the Senate;
4.  One Legislator who sits on the Joint Standing Committee on Judiciary, appointed 
by the Speaker of the House;
5.  One member representing the Department of Health and Human Services' adult 
protective services program administered pursuant to the Maine Revised Statutes, Title 
22, section 5106, subsection 11-B, appointed by the Commissioner of Health and Human 
Services;
6.  Two members representing hospitals in the State, one representing a health system 
and one representing an independent hospital, appointed by the Governor;
7.  One member representing an association of hospitals in the State, appointed by the 
Governor;
8.  One member who is a judge, appointed by the Governor;
9.  One member representing the long-term care ombudsman program maintained 
pursuant to the Maine Revised Statutes, Title 22, section 5106, subsection 11-C, 
appointed by the Governor;
10.  One member representing an association of nursing homes in the State, appointed 
by the Governor;
11.  One member representing the Elderly Legal Services Program maintained 
pursuant to the Maine Revised Statutes, Title 22, section 5106, subsection 11-A, 
appointed by the Governor; and
12.  One member representing the Office of the Attorney General, appointed by the 
Governor.
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 
committee.
Sec. 4.  Appointments; convening of committee.  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 committee.  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 committee to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the committee shall study and develop 
recommendations to address guardianship, conservatorship and authorization of 
transaction challenges that result in extended hospitalization of patients clinically 
qualified for discharge from a hospital.
Sec. 6.  Staff assistance.  Resolved:  That the Department of Health and Human 
Services shall provide necessary staffing services to the committee.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the committee 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Second Regular Session of the 129th Legislature.
SUMMARY
This resolve establishes the Committee To Study and Develop Recommendations To 
Address Guardianship Challenges That Delay Patient Discharges from Hospitals.  The 
committee is required to study and develop recommendations to address guardianship, 
conservatorship and authorization of transaction challenges that result in extended 
hospitalization of patients clinically qualified for discharge from a hospital.