An Act To Make the Pilot Program Providing Mental Health Case Management Services to Veterans a Permanent Program
Maine Legislature, Session 130, LD 0693
Committee: Veterans and Legal Affairs
Sponsors: ROBERTS, CAIAZZO, FECTEAU, PIERCE, RIELLY, WHITE, JACKSON, LUCHINI
Amends: 22 MRSA §1833

Legislative Document
No. 693
H.P. 505
House of Representatives, March 4, 2021
An Act To Make the Pilot Program Providing Mental Health Case 
Management Services to Veterans a Permanent Program
(EMERGENCY)
Received by the Clerk of the House on March 2, 2021.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: CAIAZZO of Scarborough, Speaker FECTEAU of 
Biddeford, McCREIGHT of Harpswell, PIERCE of Falmouth, RIELLY of Westbrook, WHITE 
of Waterville, Senators: President JACKSON of Aroostook, LUCHINI of Hancock.
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 legislation makes permanent the pilot program to provide case 
management services to veterans for mental health care established by Resolve 2017, 
chapter 24; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
to ensure continued case management services are provided without interruption after the 
pilot program ends; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1833 is enacted to read:
§1833.  Mental health care services for veterans
1.  Screening.  A hospital licensed under this chapter shall screen all patients presenting 
for emergency care at the hospital's emergency department regarding whether or not the 
patient has prior service in the military.  This information must be added to the hospital's 
patient data management system.
2.  Reporting.  A hospital licensed under this chapter shall compile data regarding the 
number of patients who identify as having prior service in the military who reported or 
presented a behavioral or mental health emergency when seeking care from the hospital 
emergency department, including the number who were admitted or referred for inpatient 
treatment for psychiatric care.  The data collected in accordance with this subsection may 
not include information that would disclose the identity of the patient.  A hospital licensed 
under this chapter shall report the data to the department twice per year, for the period from 
January 1st to June 30th and for the period from July 1st to December 31st.  The department 
shall establish the date by which the data for each period must be reported.
3.  Waiver.  The department may grant a waiver of the screening and data collection 
requirements under subsections 1 and 2 to a hospital that demonstrates that the 
requirements constitute an excessive burden that will substantially affect the operation of 
the hospital.  The department may not grant a waiver under this subsection to more than 4 
hospitals.
4.  Certain hospitals.  If a report submitted to the department pursuant to Resolve 
2017, chapter 24, Part A, section 2 or pursuant to subsection 2 shows that a hospital 
identifies 95% or more of the patients who presented for emergency care as having prior 
service in the military by the fact that they are enrolled and receive health care benefits 
from the United States Department of Veterans Affairs, the hospital is no longer required 
to screen patients and collect data as required by this section.
5.  Annual department report.  The department shall work with the Department of 
Defense, Veterans and Emergency Management, Maine Bureau of Veterans' Services to 
analyze the data submitted by hospitals in accordance with subsection 2 to quantify the 
unmet need for mental health care services, particularly inpatient mental health care 
services, and to identify gaps in mental health care services provided by the United States 
Department of Veterans Affairs.  The department and the bureau shall submit a report on 
the analysis to the joint standing committee of the Legislature having jurisdiction over 
veterans affairs no later than February 1st annually.
6.  Costs mitigated.  The department shall distribute an annual stipend from the 
Veterans Mental Health Case Management and Services Fund under Title 34-B, section 
3912 to each hospital that screened for military service and collected data in accordance 
with subsections 1 and 2.  The department shall adopt routine technical rules in accordance 
with Title 5, chapter 375, subchapter 2-A to set the amount of the annual stipend.
Sec. 2.  34-B MRSA c. 3, sub-c. 7 is enacted to read:
SUBCHAPTER 7
MENTAL HEALTH CASE MANAGEMENT SERVICES FOR VETERANS
§3911.  Mental health case management services for veterans
The department shall provide contracted case management services to provide 
necessary mental health treatment to veterans who are residents of the State.  Case 
management services must include assisting veterans in accessing a range of mental and 
behavioral health services, which must include inpatient mental health care services as 
clinically required.  The department, with the assistance of the Department of Defense, 
Veterans and Emergency Management, Maine Bureau of Veterans' Services, referred to in 
this subchapter as "the bureau," shall identify regions of the State where case management 
services are most needed and identify veterans seeking case management services who are 
enrolled with the United States Department of Veterans Affairs and those who would likely 
be eligible to be enrolled.
1.  Coordination.  The department, with the assistance of the bureau, shall seek to 
coordinate services with the United States Department of Veterans Affairs and state 
agencies that offer mental health care services or provide assistance to veterans.
2.  Regional contracts.  The department may enter into regional contracts, including a 
contract with a provider that has experience providing services in the northern part of the 
State, for the purpose of ensuring a statewide network of case management that provides 
coordinated mental health care services for veterans living in the State, including, but not 
limited to, inpatient treatment as clinically required.
3.  Eligibility.  An individual who served in the Armed Forces of the United States and 
meets the definition of "veteran" under 38 Code of Federal Regulations, Section 3.1 or is 
currently serving in the Maine Army National Guard or Air National Guard or the Reserves 
of the Armed Forces of the United States is eligible to receive services under this 
subchapter.  The character of a veteran's discharge from service is not a disqualifying 
eligibility criterion to receive services under this subchapter.  A veteran who has received 
a mental health diagnosis or mental health disability rating from the United States 
Department of Veterans Affairs is eligible to receive services under this subchapter.  A 
veteran who is not enrolled with the United States Department of Veterans Affairs who is 
determined to require mental health care services by a licensed mental health professional 
may be considered eligible for case management and other behavioral health services under 
this subchapter based on the individual needs of the veteran.  The department, with the 
assistance of the bureau, shall establish criteria to determine eligibility for case 
management services to be provided under this subchapter.
4.  Enrollment.  The bureau shall work to assist veterans receiving case management 
services under this subchapter who are not enrolled with the United States Department of 
Veterans Affairs to determine eligibility and to assist with those veterans' enrollment and 
with filing claims to the United States Department of Veterans Affairs.
5.  Cultural competency.  Case management and mental health professionals selected 
to provide services pursuant to this subchapter must demonstrate familiarity with military 
and veteran culture.
6.  Data collection.  All veterans receiving case management and mental health 
services under this subchapter must be accounted for in department and bureau data 
collections.
7.  Department report.  The department, in consultation with the bureau, shall prepare 
a written report of the services provided under this subchapter and make any 
recommendations regarding its provision of services under this subchapter to the joint 
standing committee of the Legislature having jurisdiction over veterans affairs by February 
1st annually.
§3912.  Veterans Mental Health Case Management and Services Fund
The Veterans Mental Health Case Management and Services Fund, referred to in this 
section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue 
Funds account in the department.  The fund is administered by the department for the 
purposes of reimbursing hospitals for the costs of screening and data collection conducted 
pursuant to Title 22, section 1833, subsection 6 and to support the provision of case 
management services for veterans under this subchapter.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill makes permanent the pilot program to provide case management services to 
veterans for mental health care established by Resolve 2017, chapter 24.