PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Regarding Access to Appropriate Residential Services for Individuals Being Discharged from Psychiatric Hospitalization
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §1226  is enacted to read:
§ 1226. Request by patient for residential services
 
1.  Definitions.     As used in this section, "residential service provider" means:
 
A.  An agency or person that operates assisted housing, a residential care facility or a private nonmedical institution licensed pursuant to rules adopted by the department; or
 
B.  An agency or person that provides residential services that are licensed by, funded by or provided under contract with the department.
 
2.  Reasons for denial must be provided.     If a patient in a psychiatric hospital, as defined in section 3801, subsection 7-B, or a patient who is treated for a psychiatric condition in a hospital licensed under Title 22, section 1811 or 1813 is determined by the hospital to be clinically ready for discharge and requests admission or readmission from the hospital to a facility operated by a residential service provider and that request is denied, the residential service provider shall provide the patient the reasons for the denial in writing no later than 3 business days after the request is denied.
 
3.  Standardized form.     The department shall develop a standardized form for use by a residential service provider to state the specific reasons for a denial under subsection 2. The form must include both checklists and space for additional comments to ensure consideration of the individual needs of the patient. A residential service provider shall provide the completed standardized form to a patient who has requested admission or readmission to a facility operated by a residential service provider or to the patient's parent or guardian or designated representative. A residential service provider shall annually send to the department's division of licensing and regulatory services a report of all patients who are denied admission or readmission pursuant to subsection 2 and the reasons given to the patients that were contained in the standardized forms.
 
4.  Penalty.     A residential service provider that violates this section is subject to a civil penalty of $500, payable to the patient or the patient's parent or guardian or designated representative. This penalty is recoverable in a civil action. If a residential service provider violates this section 3 times or more in a calendar year, the residential service provider may lose the provider's license to provide residential services.
 
SUMMARY
This bill provides that, if a patient in a hospital who received treatment for a psychiatric condition and who the hospital has determined is clinically ready for discharge requests admission or readmission from the hospital to a facility operated by a residential service provider and that request is denied, the residential service provider must provide the patient the reasons for the denial in writing no later than 3 business days after the request is denied.
The bill directs the Department of Health and Human Services to develop a standardized form for use by residential service providers to state the specific reasons for denial. A residential service provider must provide the standardized form to the patient or the patient's parent or guardian or designated representative. A residential service provider must annually send to the department's division of licensing and regulatory services a report of all patients who are denied admission or readmission and the reasons given the patients that were contained in the standardized forms.
The bill allows a patient or a patient's parent or guardian or designated representative to recover $500 from a residential service provider that violates these provisions. It also provides for the revocation of the license of a residential service provider that violates these provisions 3 times or more in a calendar year.