An Act to Prevent Abandonment of Children and Adults with Disabilities in Hospitals
Maine Legislature, Session 131, LD 2009
Committee Amendment CA_A_S535 (Senate)

COMMITTEE AMENDMENT " f\" to S.P. 830, L.D. 2009, "An Act to Prevent
Abandonment of Children and Adults with Disabilities in Hospitals"
Amend the bill by striking out the title and substituting the following;
'Resolve, to Establish a Stakeholder Group to Address the Problem of Long Stays for
Children and Adolescents in Hospital Emergency Departments'
Amend the bill 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, children and adolescents remain in hospital emergency departments
awaiting appropriate community and residential placements long after they are medically
stable; and
Whereas, the work to address this issue is urgent and must start immediately; 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 convene stakeholder
group to address long stays of children and adolescents in hospital emergency
departments. Resolved: That the Department of Health and Human Services, referred
to in this resolve as "the department," shall convene a stakeholder group to address the
problem of children and adolescents experiencing long stays in hospital emergency
departments after the children and adolescents are medically stable and no longer require
medical treatment but appropriate community or residential placements are not available.
1. Mfembership. The Commissioner of Health and Human Ser/ices shall appoint the
members of the stakeholder group, Members must include:
A. The child welfare services ombudsman or the ombudsman's designee;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A " to S.P. 830, L.D. 2009 ( <v"!
B. The Attorney General or the Attorney General's designee;
C. A member of staff from the department's Office of Child and Family Services
includmg child welfare services;
D. A member of staff from the department's Office of Behavioral Health;
E. ,A member of staff from the department's Office of Behavioral Health, children's
behavioral health services;
F. A representative of Disability Rights Maine;
G. A representative of hospitals;
H. An emergency medical physician;
I. A representative of a statewide organization representing hospitals;
J. A representative of a national organization advocating for individuals with mental
illness;
K, Parents with experience of having a child stay in a hospital emergency department
for a long period after being medically stabilized; and
L. Other relevant interested parties.
2. Duties and recommendations. The stakeholder group shall examine the problem
of children and adolescents experiencing long stays in hospital emergency departments
after the children and adolescents are medically stable and no longer require medical
b-eatment but appropriate community or residential placements are not available. The
stakeholder group shall examine and make recommendations relating to the following:
A. An appropriate tuneline for establishing a secure children's psychiatric residential
treatment facility in the State;
B. Strategies to limit the length of stay in hospital emergency departments for children
and adolescents who have been medically cleared for discharge;
C. The establishment of an independent children's behavioral health advocate; and
D. A review of hospital assessment and discharge policies.
3. Report. The department shall submit a report to the joint standing committee of
the Legislature having jurisdiction over health and human services matters with its findings
and recommendations no later than November 6, 2024. The committee may report out
legislation to the 132nd Legislature m 2025.
Emergency clause. In view of the emergency cited in the preamble, this legislation
2 takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill with a resolve. It requires the Department of Health
and Human Services to convene a stakeholder group to address the problem of children and
adolescents experiencing long stays m hospital emergency departments after the children
and adolescents are medically stable and no longer require medical treatment but
Page2-131LR2583(02)
COMMITTEE AMENDMENT
Qc?,.. COMMIFTEE AMENDMENT " ^ " to S.P. 830, L.D. 2009 t^S-'
appropriate community or residential placements are not available, The Commissioner of
Health and Human Services must appoint the members of the stakeholder group, which
must include representatives from offices within the department and organizations dealing
with child welfare, behavioral health and medicine in addition to affected parents and other
interested parties. The department must submit a report to the joint standing committee of
the Legislature having jurisdiction over health and human services matters no later than
November 6, 2024.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/08/24 ^K?<^
LD 2009 LR 2583(02)
An Act to Prevent Abandonment of Children and Adults with Disabilities in Hospitals
Fiscal Note for Bill as Amended by Committee Amendment "^' [5 S^
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services to convene a stakeholder group and report back
to the legislature are expected to be minor and can be absorbed within existing budgeted resources.
LR2583(02) - Fiscal Note - Page 1 of 1