An Act to Increase
Maine Legislature, Session 132, LD 1989
Committee Amendment CA_A_S512 (Senate)
Amends: 34-B MRSA §3873-B

COMMITTEE AMENDMENT " /T" to S.P. 801, L.D. 1989, "An Act to Increase
Access to the Progressive Treatment Program Fund"
Amend the bill by inserting after the title and before the enacting clause the following;
'Emergency preamble. Whereas> acts and resolves of the Legislahire do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, progressive treatment programs are vital tools in helping individuals with
serious mental illness remain in a community setting; and
Whereas, legal fees for initiating and extending progressive treatment programs are
a barrier for many individuals; and
Whereas, the Progressive Treatment Program Fund is a dedicated fund to assist
individuals who are filing an application for a progressive treatment program with paying
for associated legal expenses; and
Whereas, the current individual cap in funding continues to result in underuse of the
fund;and
Whereas, this legislation must take effect as soon as possible in order to address these
issues; 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,'
Amend the bill by striking out everything after the enacting clause and insertmg the
followmg:
'See. 1. 34-B MRSA §3873-B, sub-§2, as enacted by PL 2021, c. 745, §1, is
amended to read;
COMMITTEE AMENDMENT
COMMITreB AMENDMENT"^ "(oS.P. 801,L.D, 1989 C->
2. Application of fund. The department shall use the money in the fund to reimburse
the legal costs incurred by private entities the followine individuals to initiate or extend
existing progressive treatment programs in accordance with section 3873-Ai_thg
superintendent or chief administrative officer of a private psychiatric hospital, the director
of an ACT team. a private medical oractitioner. a law enforcement officer or the leaal
guardian of the patientwho is the subject of an application under sectipn 3873-A. A privato
etrtity The department may use money in the fund to reimburse a private attorney
representing an individual elieible to receive funds under this subsection. An individual
seeking reimbursement must submit to the department an itemized bill of legal costs
incurred to initiate or extend; the progressive treatment program, The maximum annual
amount the department may reimburse uprivate entity an individual for the legal costs to
initiate a or extend an existing progressive treatment program is $800 $3.500.
Reimbursement is subject to available funds.
Em ergency clause, In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read conseoutivety.
SUMMARY
This amendment replaces the bill and adds an emergency preamble and emergency
clause. It changes eligibility for reimbursement from the Progressive Treatment Program
Fund by replacing the term "private entities" with a list of individuals eligible to receive
reimbursements, including the superintendent or chief administrative officer of a private
psychiatric hospital, the director of an ACT team, a private medical practitioner, a law
enforcement officer or the legal guardian of the patient who is the subject of an application
to a progressive treatment program. It also allows reimbursement for legal costs incurred
to extend an existmg progressive treatment program. It adds language stating that a private
attorney representing an individual eligible to receive funds may also be reimbursed. It
changes the cap for reimbursement from the fund from $800 to an annual cap of $3,500. It
adds language stating that reimbursement is subject to available Amds,
Page2"132LR2798(02)
COMMITTEE AMENDMENT