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 Amendment CA_A_H452 (House)

COMMITTEE AMENDMENT" fi,, to H.P. 890, L.D. 1229, "Resolve, To Establish 
the Committee To Study and Develop Recommendations To Address Guardianship 
Challenges That Delay Patient Discharges from Hospitals" 
Amend the resolve by striking out everything after the title and inserting the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there exist multiple concerns surrounding the fact that many hospital 
patients are not discharged when they are clinically qualified for discharge from the 
hospital; and 
Whereas, a study of how to address these concerns is necessary to 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; and 
Whereas, the study 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. 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 14 members appointed or designated as follows: 
COMMITTEE AMENDMENT 
:::·'! 
COMMITTEE AMENDMENT .. ft,, to H.P. 890, L.D. 1229 
1. Two members of the Senate, appointed by the President of the Senate, and 2 
members of the House of Representatives, appointed by the Speaker of the House of 
Representatives, including members from each of the 2 parties holding the largest number 
of seats in the Legislature, one member to be a sitting member of the Joint Standing 
Committee on Health and Human Services and one member to be a sitting member of the 
Joint Standing Committee on Judiciary; 
2. 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, designated by the Commissioner of Health and Human 
Services; 
3. 
Two members representing hospitals in the State, one representing a health 
system, appointed by the President of the Senate, and one representing an independent 
hospital, appointed by the Speaker of the House; 
4. One member representing an association of hospitals in the State, appointed by the 
· 
President of the Senate; 
5. 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 President of the Senate; 
6. One member representing an association of nursing homes in the State, appointed 
by the Speaker of the House; 
7. 
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 President of the Senate; 
8. One member representing the Office of the Attorney General, designated by the 
Attorney General; 
9. One member who is an attorney who represents persons who are incapacitated, 
appointed by the Speaker of the House; and 
10. 
The President of the Maine Probate Judges Assembly, or the president's 
designee. 
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 and designations 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. If30 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fi" to H.P. 890, L.D. 1229 
transaction challenges that result in extended hospitalization of patients clinically 
qualified for discharge from a hospital. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the committee, except that the Legislative Council staff 
support is not authorized when the Legislature is in regular or special session. 
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, to the Joint Standing Committee on Health and Human Services and the Joint 
Standing Committee on Judiciaty. Each committee may report out legislation to the 
Second Regulai· Session of the 129th Legislature based on the report. 
Sec. 8. Outside funding. Resolved: That the committee may seek funding 
contributions to help fund the costs of the study. All outside funding is subject to 
approval by the Legislative Council in accordance with its policies. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment revises the membership of the committee, requires the report to be 
submitted to both the Joint Standing Committee on Health and Human Services and the 
Joint Standing Committee on Judiciary, authorizes both committees to report out 
legislation based on the report to the Second Regular Session of the 129th Legislature and 
adds an emergency preamble and clause. It also allows the committee to accept outside 
contributions, approved by the Legislative Council, to help fund the committee. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/19 fecc.. 
LD 1229 
LR 1693(02) 
Resolve, To Establish the Committee To Study and Develop Recommendations To Address 
Guardianship Challenges That Delay Patient Discharges from Hospitals 
Fiscal Note for Bill as Amended by Committee Amendment A, {//-$IS~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $2,250 in fiscal year 2019-20. An estimated $6,190 is 
available in each of fiscal years 2019-20 and 2020-21 in the Legislature's proposed budget for legislative studies as 
well as any balances from prior years for this purpose. Whether these amounts are sufficient to fund all studies will 
depend on the number of studies authorized by the Legislative Council and the Legislature. The additional costs of 
providing staffing assistance to the study during the interim can be absorbed utilizing existing budgeted staff 
resources. 
Fiscal Detail and Notes 
Any additional costs to departments and agencies to be a member of the Committee To Study and Develop 
Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals are expected 
to be minor and can be absorbed within existing budgeted resources. 
LR1693(02) - Fiscal Note - Page 1 of 1