Resolve, To Develop a Plan To Treat in Maine Those Children with Behavioral Health Needs Currently Treated Outside the State
Maine Legislature, Session 130, LD 1173
Committee: Health and Human Services
Sponsors: GRAMLICH, BALDACCI, CRAVEN, MADIGAN, PERRY, STOVER

Legislative Document
No. 1173
H.P. 851
House of Representatives, March 22, 2021
Resolve, To Develop a Plan To Treat in Maine Those Children with 
Behavioral Health Needs Currently Treated Outside the State
(EMERGENCY)
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, PERRY of Calais, 
STOVER of Boothbay.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Resolve 2019, chapter 54 requires the Department of Health and Human 
Services to coordinate with families of children who are receiving residential treatment 
services for behavioral health issues outside the State to develop plans to bring the children 
back to the State to receive certain required services; and
Whereas, travel restrictions imposed in connection with the COVID-19 pandemic 
have made it extremely difficult for families to visit their children outside the State and it 
is imperative to bring them back to the State as soon as practicable; and
Whereas, this resolve requires the Department of Health and Human Services to 
develop a plan to implement Resolve 2019, chapter 54; 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.  Department of Health and Human Services to submit plan 
regarding children receiving services outside the State.  Resolved:  That, within 
days after this legislation takes effect, the Department of Health and Human Services 
shall submit to the Joint Standing Committee on Health and Human Services a plan for 
implementing Resolve 2019, chapter 54.  The Joint Standing Committee on Health and 
Human Services may report out a bill regarding the department's plan to the First Regular 
Session of the 130th Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve requires the Department of Health and Human Services to submit to the 
Joint Standing Committee on Health and Human Services, within 30 days after this 
legislation takes effect, a plan for implementing Resolve 2019, chapter 54.  Resolve 2019, 
chapter 54 requires the department to coordinate with families of children who are 
receiving residential treatment services for behavioral health issues outside the State to 
develop plans to bring the children back to the State to receive the required services that 
would be received under the department's rule Chapter 101: MaineCare Benefits Manual, 
Chapter II, Section 97, Private Non-Medical Institution Services.  Resolve 2019, chapter 
also requires the department to negotiate related reimbursement rates in order to provide 
services to the children.