An Act Regarding State Review of Compliance with Licensing Rules of Certain Facilities and Programs Having National Accreditation
Maine Legislature, Session 131, LD 1417
Committee: Health and Human Services
Sponsors: GRAMLICH, INGWERSEN, MADIGAN, MATHIESON, SACHS, SHAGOURY, STOVER, ZAGER, BAILEY, TIMBERLAKE
Amends: 5 MRSA §20024, 22 MRSA §7801, 34-B MRSA §1203-A

Legislative Document
No. 1417
H.P. 913
House of Representatives, March 30, 2023
An Act Regarding State Review of Compliance with Licensing Rules 
of Certain Facilities and Programs Having National Accreditation
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator INGWERSEN of York and
Representatives: MADIGAN of Waterville, MATHIESON of Kittery, SACHS of Freeport, 
SHAGOURY of Hallowell, STOVER of Boothbay, ZAGER of Portland, Senators: BAILEY of 
York, TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20024, last ¶, as enacted by PL 2011, c. 145, §1, is amended to 
read:
A treatment facility or program that receives and maintains accreditation from a 
national accrediting body approved by the department must be deemed in is exempt from 
department inspection for compliance with comparable state licensing laws or rules upon 
its submission to the department of written evidence of compliance including, but not 
limited to, national accreditation approval, reports, findings and responses.  The department 
may review compliance under this paragraph a copy of the national accrediting body's 
survey findings together with any statement of deficiencies and the final plan of correction 
accepted by the national accrediting body for any identified deficiencies.  The survey 
findings, statement of deficiencies and final plan of correction submitted pursuant to this 
paragraph are confidential.  The provisions of this paragraph do not exempt a treatment 
facility or program from inspection by the department in response to a complaint against 
the treatment facility or program.
Sec. 2.  22 MRSA §7801, sub-§6, as amended by PL 2021, c. 532, §1, is further 
amended to read:
6.  National accreditation.  A person, firm, corporation or association operating a 
program or facility described under subsection 1 that receives and maintains accreditation 
from a national accrediting body approved by the department may be determined by the 
department to be in is exempt from department inspection for compliance with comparable 
state licensing laws or rules upon its submission to the department of written evidence of 
compliance including, but not limited to, national accreditation approval, reports, findings 
and responses.  The department may review compliance under this subsection a copy of the 
national accrediting body's survey findings together with any statement of deficiencies and 
the final plan of correction accepted by the national accrediting body for any identified 
deficiencies.  The survey findings, statement of deficiencies and final plan of correction 
submitted pursuant to this subsection are confidential.  The provisions of this subsection 
do not exempt a person, firm, corporation or association from inspection by the department 
in response to a complaint against the program or facility person, firm, corporation or 
association.
Sec. 3.  34-B MRSA §1203-A, sub-§8, as enacted by PL 2011, c. 145, §3, is 
amended to read:
8.  National accreditation.  An agency or facility required to obtain a license under 
this section that receives and maintains accreditation from a national accrediting body 
approved by the department must be deemed in is exempt from department inspection for 
compliance with comparable state licensing laws or rules upon its submission to the 
department of written evidence of compliance including, but not limited to, national 
accreditation approval, reports, findings and responses.  The department may review 
compliance under this subsection a copy of the national accrediting body's survey findings 
together with any statement of deficiencies and the final plan of correction accepted by the 
national accrediting body for any identified deficiencies.  The survey findings, statement 
of deficiencies and final plan of correction submitted pursuant to this subsection are 
confidential.  The provisions of this subsection do not exempt an agency or facility required 
to obtain a license under this section from inspection by the department in response to a 
complaint against the agency or facility.
Sec. 4.  Department of Health and Human Services rules; entities exempt 
from department compliance inspection.  The Department of Health and Human 
Services shall approve by rule the Joint Commission, the Commission on Accreditation of 
Rehabilitation Facilities and Social Current as national accrediting bodies for the purpose 
of exempting entities from department inspection for compliance with state licensing laws 
or rules pursuant to the Maine Revised Statutes, Title 5, section 20024; Title 22, section 
7801, subsection 6; and Title 34-B, section 1203-A, subsection 8.  Rules adopted pursuant 
to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill amends the laws regarding licensing of certain facilities and programs, 
including substance use disorder treatment facilities and programs, facilities for children 
and adults and agencies or facilities providing mental health services, to provide that if such 
a facility or program receives and maintains accreditation from a national accrediting body, 
it is exempt from Department of Health and Human Services inspection for compliance 
with state licensing laws and rules under certain circumstances.  The bill requires the 
department to approve by rule the Joint Commission, the Commission on Accreditation of 
Rehabilitation Facilities and Social Current as national accrediting bodies for the purpose 
of exempting entities from such inspection.