130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 1173
H.P. 851 House of Representatives, March 22, 2021
Resolve, To Develop a Plan To Treat in Maine Those Children with
Behavioral Health Needs Currently Treated Outside the State
(EMERGENCY)
Received by the Clerk of the House on March 18, 2021. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, PERRY of Calais,
STOVER of Boothbay.
Printed on recycled paper
 1 Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 Whereas, Resolve 2019, chapter 54 requires the Department of Health and Human
4 Services to coordinate with families of children who are receiving residential treatment
5 services for behavioral health issues outside the State to develop plans to bring the children
6 back to the State to receive certain required services; and
7 Whereas, travel restrictions imposed in connection with the COVID-19 pandemic
8 have made it extremely difficult for families to visit their children outside the State and it
9 is imperative to bring them back to the State as soon as practicable; and
10 Whereas, this resolve requires the Department of Health and Human Services to
11 develop a plan to implement Resolve 2019, chapter 54; and
12 Whereas, in the judgment of the Legislature, these facts create an emergency within
13 the meaning of the Constitution of Maine and require the following legislation as
14 immediately necessary for the preservation of the public peace, health and safety; now,
15 therefore, be it
16 Sec. 1. Department of Health and Human Services to submit plan
17 regarding children receiving services outside the State. Resolved: That, within
18 30 days after this legislation takes effect, the Department of Health and Human Services
19 shall submit to the Joint Standing Committee on Health and Human Services a plan for
20 implementing Resolve 2019, chapter 54. The Joint Standing Committee on Health and
21 Human Services may report out a bill regarding the department's plan to the First Regular
22 Session of the 130th Legislature.
23 Emergency clause. In view of the emergency cited in the preamble, this legislation
24 takes effect when approved.
25 SUMMARY
26 This resolve requires the Department of Health and Human Services to submit to the
27 Joint Standing Committee on Health and Human Services, within 30 days after this
28 legislation takes effect, a plan for implementing Resolve 2019, chapter 54. Resolve 2019,
29 chapter 54 requires the department to coordinate with families of children who are
30 receiving residential treatment services for behavioral health issues outside the State to
31 develop plans to bring the children back to the State to receive the required services that
32 would be received under the department's rule Chapter 101: MaineCare Benefits Manual,
33 Chapter II, Section 97, Private Non-Medical Institution Services. Resolve 2019, chapter
34 54 also requires the department to negotiate related reimbursement rates in order to provide
35 services to the children.
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