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An Act To Increase the Efficiency and Effectiveness of Licensing Behavioral Health Care Providers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §20024, first ¶,  as amended by PL 1991, c. 850, §5, is further amended to read:
TheExcept as otherwise provided in this section, the office shall periodically enter, inspect and examine a treatment facility or program and examine its books, programs, standards, policies and accounts. This examination process must include a review of the requirements to be a community-based service provider pursuant to subchapter V5. The office shall fix and collect the fees for the inspection and certification and shall maintain a list of approved public and private treatment facilities.
Sec. 2. 5 MRSA §20024,  as amended by PL 1991, c. 850, §5, is further amended by adding at the end a new paragraph to read:
A treatment facility or program that receives and maintains accreditation from a nationally recognized accrediting body may obtain the certificate of approval pursuant to section 20005, subsection 6 by submitting documentation of that accreditation to the office along with applicable fees. Upon receipt of the documentation of accreditation and fees, the office shall issue a certificate of approval and include the accredited facility or program on any list of approved facilities and programs maintained by the office. Notwithstanding a program's or facility’s maintenance of accreditation, the office may withdraw the certificate of approval and remove a facility or program from the office’s list of approved facilities and programs for failure to provide data, statistics, schedule or other information reasonably required by the office or for findings resulting from the investigation of a critical incident.
Sec. 3. 22 MRSA §7801, sub-§6  is enacted to read:
 
6.  Approved and licensed by accreditation.     A person, firm, corporation or association operating a program or facility that receives and maintains accreditation from a nationally recognized accrediting body may obtain a license required pursuant to subsection 1 by submitting documentation of such accreditation to the department along with any applicable fees. Upon receipt of the documentation of accreditation and fees, the department shall issue a written license and include the accredited program or facility on any list of approved and licensed programs and facilities maintained by the department. Notwithstanding a program's or facility’s maintenance of accreditation, the department may withdraw the license and remove a program or facility from the department’s list of approved programs and facilities for findings resulting from the investigation of a critical incident.
Sec. 4. 34-B MRSA §1203-A, sub-§8  is enacted to read:
 
8.  Approved and licensed by accreditation.     An agency or facility required to obtain a license under this section that receives and maintains accreditation by a nationally recognized accrediting body may obtain a full license by submitting documentation of such accreditation to the commissioner along with applicable fees. Upon receipt of the documentation of accreditation and fees, the commissioner shall issue a full license to the agency or facility and include the accredited agency or facility on any list of fully licensed agencies and facilities maintained by the department. Notwithstanding an agency's or facility’s maintenance of accreditation, the commissioner may withdraw the full license, change the license status to conditional or provisional and remove an agency or facility from the commissioner’s list of approved agencies or facilities for findings resulting from the investigation of a critical incident.
Sec. 5. Nationally recognized accrediting body; rulemaking. For purposes of the Maine Revised Statutes, Title 5, section 20024, Title 22, section 7801, subsection 6, and Title 34-B, section 1203-A, subsection 8, a "nationally recognized accrediting body" means the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities or the Council on Accreditation of Services for Families and Children. The Department of Health and Human Services may adopt rules to designate additional entities as nationally recognized accrediting bodies. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
The purpose of this bill is to increase the efficiency and effectiveness of licensing behavioral health providers by requiring the Department of Health and Human Services to approve and license substance abuse treatment, child and adult welfare and behavioral health agencies, programs and facilities that receive and maintain accreditation by nationally recognized accrediting bodies. The department shall include such an agency, program or facility on any list of approved and licensed agencies, programs and facilities maintained by the department. Notwithstanding an agency’s, program's or facility’s maintenance of accreditation, the department may revoke the certificate of approval and remove a treatment program or facility from the department’s list of approved programs and facilities for failure to provide data, statistics, schedules and other information reasonably required by the department pursuant to the Maine Revised Statutes, Title 5, section 20024. All agencies, programs and facilities may have approval and licensing revoked or modified by the department for findings resulting from the investigation of a critical incident.