An Act To Improve Care Provided to Forensic Patients

Sec. 1. 22 MRSA §1813-A  is enacted to read:

§ 1813-A.  License for forensic step-down facility

The state-operated residential forensic step-down facility established in Title 22-A, section 208-A is subject to licensure by the department under this chapter. The department shall adopt rules that apply specifically to the licensure of a residential forensic step-down facility. The rules must include, at a minimum, admission and discharge standards of the facility; the staffing model for the facility, with specific descriptions of staffing levels, roles and responsibilities; facility security; availability of and patients' access to treatment; and patient rights protections. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Transfer of a forensic patient into the forensic step-down facility established in Title 22-A, section 208-A must be approved by a court of appropriate jurisdiction.

By January 1, 2021 and on or before January 1st of each year thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over health and human services matters a detailed report about the forensic step-down facility established in Title 22-A, section 208-A that includes information about construction of the facility, capacity of the facility and staffing levels of the facility.

Sec. 2. 22-A MRSA §208-A  is enacted to read:

§ 208-A.  Forensic step-down facility

The commissioner shall operate and maintain a 21-bed residential forensic step-down facility in Augusta in the Capitol Area called the Riverview Forensic Treatment and Rehabilitation Center to provide treatment and rehabilitation that continues the treatment of patients from a state mental health institute who no longer require hospital-level service as provided under Title 34-B, chapter 3, subchapter 4, but who are unable to be safely treated and cared for in a community setting under Title 34-B, chapter 3, subchapter 3. For purposes of this section, "Capitol Area" has the same meaning as in Title 1, section 814, subsection 2. As used in this section and Title 22, "forensic step-down facility" means the Riverview Forensic Treatment and Rehabilitation Center.

Sec. 3. 34-B MRSA §1001, sub-§8, ¶A-1  is enacted to read:

Sec. 4. 34-B MRSA §1207, sub-§1, ¶H,  as amended by PL 2015, c. 189, §1, is further amended to read:

Sec. 5. Rulemaking. The Department of Health and Human Services shall provisionally adopt rules to implement the Maine Revised Statutes, Title 22, section 1813-A no later than January 11, 2020.

Sec. 6. Report. The Department of Health and Human Services shall report in writing to the Joint Standing Committee on Health and Human Services by October 15, 2019, December 15, 2019 and March 1, 2020 on the progress of the department in developing rules and creating the forensic step-down facility as required by the Maine Revised Statutes, Title 22, section 1813-A.

Sec. 7. Advisory committee. The Commissioner of Health and Human Services shall convene an advisory committee on the forensic step-down facility established in the Maine Revised Statutes, Title 22-A, section 208-A. The advisory committee shall meet as necessary to guide the design of the forensic step-down facility and the implementation of the rules related to the facility; educate and inform the planning process to create a facility that best supports the treatment and safety needs of the patients and staff of the facility; make recommendations to the department; and report to the Joint Standing Committee on Health and Human Services any recommended legislation relating to the facility no later than January 15, 2020. The joint standing committee may report out a bill to the Second Regular Session of the 129th Legislature based on the report. The advisory committee consists of the Commissioner of Health and Human Services, or the commissioner's designee, and 9 other members as follows:

1. Two patients of a state mental health institute as defined in Title 34-B, section 3801, subsection 9, appointed by the commissioner;

2. A representative from the Consumer Council System of Maine under Title 34-B, section 3611, appointed by the commissioner;

3. Two staff members of a state mental health institute as defined in Title 34-B, section 3801, subsection 9, appointed by the commissioner;

4. The Court Master appointed in Bates v. Commissioner, Department of Health and Human Services, Kennebec County Superior Court, Civil Action Docket No. CV 89-088;

5. Class counsel appointed in Bates v. Commissioner, Department of Health and Human Services, Kennebec County Superior Court, Civil Action Docket No. CV 89-088; and

6. Two representatives from separate community behavioral health organizations in the State, appointed by the commissioner.

SUMMARY

This bill establishes a residential forensic step-down facility, which provides treatment of forensic patients who no longer require hospital level care but cannot be safely treated in a community setting, in Augusta in the Capitol Area. It authorizes the Commissioner of Health and Human Services to maintain and operate the 21-bed forensic step-down facility. It provides that the facility must be licensed and that the Department of Health and Human Services must adopt rules that apply specifically to the licensure of a forensic step-down facility and that include the admission and discharge standards of the facility, the staffing model, security, patients' access to treatment and patient rights protections. It requires that the department provisionally adopt rules to implement the licensure of the forensic step-down facility no later than January 11, 2020. It creates an advisory committee to participate in and guide the planning process for the facility and to report to the Joint Standing Committee on Health and Human Services. It authorizes the committee to report out a bill based on the advisory committee's report. It requires the department to report to the committee on the progress of creating the facility and developing rules. It provides that the transfer of a forensic patient into the forensic step-down facility must be approved by a court of appropriate jurisdiction. It includes the forensic step-down facility in the Maine Revised Statutes, Title 34-B, chapter 1 as a "state institution."