CHAPTER 649

S.P. 79 - L.D. 156

An Act to Require that Patients in Private Mental Hospitals

Be Afforded the Same Rights As Patients in State Mental

Institutions

Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, a patient receiving inpatient mental health services from a nonstate mental health institution that is not subject to the grievance procedures of the Department of Behavioral and Developmental Services does not have grievance rights equal to those of a patient in a state mental health institution or a nonstate mental health institution that is subject to the department's grievance procedures; and

Whereas, attaining as soon as possible parity of grievance procedures is fundamental to fairness among patients and is critical in the efforts of the State to achieve compliance with the Bates v. Walsh and Burdick consent decree; 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,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1719 is enacted to read: