An Act to Increase Access to Behavioral Health Services for Children and Individuals with Intellectual Disabihties or Autism
Maine Legislature, Session 131, LD 1003
Committee Amendment CA_A_H407 (House)

COMMITTEE AMENDMENT "A" to HP 639, LD 1003, "An Act to Increase 
Access to Behavioral Health Services for Children and Individuals with Intellectual 
Disabihties or Autism" 
Amend the bill by strtkmg out the title and substttutmg the followmg 
'Resolve, to Develop a So-called No Eject, No Reject Polley to Support Children 
Receivmg Behavioral Health Services and Ind1v1duals with Intellectual D1sabilities or 
Autism' 
Amend the bill by strtkmg out everythmg after the title and msertmg the followmg 
'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 children m need of 
behavioral health services and md1viduals with mtellectual disabihties or autism pose a dire 
risk to such mdividuals, and 
Whereas, it is essential to address these issues to protect the safety and well-bemg of 
children m need of behavioral health services and mdividuals with mtellectual disabihties 
or autism, and 
Whereas, the Department of Health and Human Services, Office of Chtld and Famtly 
Services' 2018 assessment of children's behavioral health services m this State, conducted 
by the Pubhc Consultmg Group, recommended a so-called No EJect, No ReJect pohcy that 
apphes to residential providers of chtldren's behavioral health services, but no pohcy has 
yet been developed, and 
Whereas, development ofa so-called No EJect, No ReJectpohcy, m consultation with 
a stakeholder group, will take tlllle and needs to begm pnor to 90 days after adJournment, 
and 
Whereas, m the Judgment of the Legislature, these facts create an emergency withm 
the meamng of the Constitution of Mame and require the followmg legislation as 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT ·A· to HP 639, L D 1003 
Immediately necessary for the preservation of the pubhc peace, health and safety, now, 
therefor~, be 1t 
Sec. 1. Department of Health and Human Services to develop a so-called 
No Eject, No Reject proposal; report. Resolved: That the Department of Health 
and Human Services shall develop a plan for a so-called No Eject, No Reject proposal that 
requires residential providers of behav10ral health services for children or services to 
md1viduals with mtellectual disab1ht1es or autism to receive written approval from the 
department for the followmg 
Termmat10n of services to an mdiv1dual, 
Executmg a discharge plan, or 
Declmmg a referral of an md1v1dual when a bed is available 
The department shall estabhsh a stakeholder group to develop the No Eject, No Reject 
proposal The stakeholder group must mclude res1dent1al providers of behavioral health 
services to chtldren, residential providers of services to mdiv1duals with mtellectual 
d1sabihties or autism, hospitals, Disab1hty Rights Mame, advocates for services for 
chtldren and adults and any other relevant mterested parties The department shall also 
examme any ex1stmg data to determme the reasons that providers termmate services, 
declme referrals or transfer mdiv1duals to hospital emergency departments when there is 
no medical reason for the transfer and determme the barriers to md1v1duals bemg accepted 
for residential treatment services The department shall report its fmdmgs, the proposal 
developed pursuant to this resolve and the steps to 1mplementmg the proposal, mcludmg 
any rulemakmg and recommended legislat1on, to the Jomt Standmg Committee on Health 
and Human Services no later than January 2, 2024 
Emergency clause. In view of the emergency cited m the preamble, this leg1slat10n 
takes effect when approved ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the btll with a resolve that reqmres the Department of Health 
and Human Services to develop a so-called No Eject, No Reject proposal that reqmres 
residential providers of behav10ral health services for children or services to md1v1duals 
with mtellectual d1sab1hties or autism to receive written approval from the department m 
circumstances relatmg to tenmnation of services or dechnmg a referral The department 
must estabhsh a stakeholder group to develop the proposal The department must examme 
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data to determme reasons why providers termmate or refuse referrals for services and 
determme barriers to acceptmg md1v1duals for treatment services The department must 
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report its findmgs, the proposal and the steps for 1mplementmg the proposal, mcludmg any 
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rulemakmg and recommended legislation, to the Jomt Standmg Committee on Health and 
Human Services no later than January 2, 2024 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/02/23 J'k:'ae.. 
LD 1003 
LR 919(02) 
An Act to Increase Access to Behavioral Health Services for Children and Individuals with Intellectual 
Disabilities or Autism 
Fiscal Note for Bill as Amended by Committee Amendment ~ { H-- LJ O t"J) 
Committee: Health and Human Services 
~/ 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Fiscal Detail and Notes 
Any add1t10nal costs to the Department of Health and Human Services to convene a stakeholder group and report back 
to the leg1slatme on a No Eject, No Reject proposal are expected to be mmor and can be absorbed w1thm ex1stmg 
budgeted resources 
LR09 l 9(02) - Fiscal Note - Page 1 of 1