LD 156
pg. 2
Page 1 of 2 PUBLIC Law Chapter 649 LD 156 Title Page
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LR 360
Item 1

 
§1719.__Patients' rights

 
This section applies to hospitals licensed pursuant to chapter
405 that are nonstate mental health institutions as defined in
Title 34-B, section 3801, subsection 6 and that are not subject
to the grievance procedures of the Department of Behavioral and
Developmental Services.

 
1.__Adoption of rules.__The commissioner shall adopt rules for
the enhancement and protection of the rights of adult patients
receiving inpatient mental health services from a hospital
subject to the requirements of this section.__The commissioner
shall hold a public hearing before adopting rules under this
section and shall give notice of the public hearing pursuant to
Title 5, section 8053.__Rules adopted pursuant to this subsection
are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.

 
2.__Rights protected.__The rules adopted pursuant to
subsection 1 must meet the requirements of Title 34-B, section
3003, subsection 2, paragraphs A to K and must provide for the
same opportunity for hearing and type of hearing as described in
rules of the Department of Behavioral and Developmental Services
relating to grievances filed by adult mental health consumers.

 
3.__Delegation.__The department shall delegate to the
Department of Behavioral and Developmental Services
responsibility for hearing and resolving all grievances that are
submitted in a timely manner by patients receiving inpatient
mental health services in hospitals subject to the requirements
of this section.

 
4.__Final agency action.__Final resolution of a grievance by
the Department of Behavioral and Developmental Services under the
rules adopted pursuant to subsection 1 is the final agency action
of the department for the purposes of judicial review under Title
5, section 11001.

 
Sec. 2. Adoption of rules. The Commissioner of Human Services shall
adopt rules as required by the Maine Revised Statutes, Title 22,
section 1719 by August 1, 2004.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect when approved.


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