An Act to Increase Access to Behavioral Health Services for Children and Individuals with Intellectual Disabilities or Autism
Maine Legislature, Session 131, LD 1003
Committee: Health and Human Services
Sponsors: GRAHAM, CRAVEN, JAVNER, MADIGAN, STOVER, TALBOT ROSS, TERRY, BALDACCI, MOORE
Amends: 34-B MRSA §5206

Legislative Document
No. 1003
H.P. 639
House of Representatives, March 7, 2023
An Act to Increase Access to Behavioral Health Services for 
Children and Individuals with Intellectual Disabilities or Autism
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAHAM of North Yarmouth.
Cosponsored by Representatives: CRAVEN of Lewiston, JAVNER of Chester, MADIGAN of 
Waterville, STOVER of Boothbay, Speaker TALBOT ROSS of Portland, TERRY of Gorham, 
Senators: BALDACCI of Penobscot, MOORE of Washington.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, lengthy hospital stays and lack of access to services for persons with 
intellectual disabilities or autism pose a dire risk to such persons; and
Whereas, it is essential to address these issues as soon as possible to protect the safety 
and well-being of persons with intellectual disabilities or autism; 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.  34-B MRSA §5206, sub-§5-A is enacted to read:
5-A.  Emergency departments.  The department shall provide crisis and respite 
services for persons with intellectual disabilities or autism to ensure that such a person does 
not stay in a hospital emergency department for more than 24 hours after the person has 
met the medical criteria for safe discharge.  Crisis beds in a residential facility must be 
prioritized for persons who are discharged from hospital emergency departments.  Crisis 
and respite services must be available to a residential facility within 4 hours to meet the 
needs of a person in crisis.
Sec. 2.  34-B MRSA §5206, sub-§5-B is enacted to read:
5-B.  Statewide system.  No later than January 1, 2025, the department shall establish 
a statewide system of crisis services to meet the needs of children who require behavioral 
health services, including but not limited to mental health services, services for intellectual 
disabilities or autism or substance use services.  The system must include mobile crisis 
outreach, including assessment and stabilization, and crisis beds in a residential facility for 
children whose needs cannot be met in their residences and for children who are 
hospitalized but no longer need hospital-level care.  The department shall establish metrics 
to track access to the statewide system of crisis services.
Sec. 3.  34-B MRSA §5206, sub-§6, as amended by PL 2011, c. 542, Pt. A, §93, is 
repealed and the following enacted in its place:
6.  Information regarding use.  The department shall maintain information regarding 
use of crisis and respite services in accordance with this subsection.  The department shall 
maintain:
A.  Information regarding use of crisis and respite services sufficient to plan and budget 
for adequate crisis and respite services. The information must include an assessment of 
the needs, both met and unmet, for crisis and respite services. The department shall 
provide information regarding the availability of services under this section and the 
proper means to obtain them to persons with intellectual disabilities or autism, their 
parents and allies, providers of services and other interested persons; and
B.  A publicly accessible website in order to track the number of:
(1) Persons with intellectual disabilities or autism who stay in hospital emergency 
departments for more than 24 hours after having met the medical criteria for safe 
discharge;
(2) Calls to the State's crisis services under subsection 1 annually and from which 
geographic regions in the State the calls are made;
(3) Persons served by crisis beds in residential facilities and the average length of 
stay; and
(4) Requests for residential crisis services that are not met.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Health and Human Services to:
1. Provide crisis and respite services for persons with intellectual disabilities or autism 
to ensure that such a person does not stay in a hospital emergency department for more 
than 24 hours after the individual has met the medical criteria for safe discharge;
2. Maintain a publicly accessible website in order to track the use of various crisis 
services; and
3. Establish and maintain a statewide system of crisis services to meet the needs of 
children who have behavioral health needs.