Resolve, To Establish the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals

Sec. 1. Committee established. Resolved: That the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals, referred to in this resolve as "the committee," is established.

Sec. 2. Committee membership. Resolved: That, notwithstanding Joint Rule 353, the committee consists of 13 members appointed as follows:

1. One member of the Senate, appointed by the President of the Senate;

2. One member of the House of Representatives, appointed by the Speaker of the House;

3. One Legislator who sits on the Joint Standing Committee on Health and Human Services, appointed by the President of the Senate;

4. One Legislator who sits on the Joint Standing Committee on Judiciary, appointed by the Speaker of the House;

5. One member representing the Department of Health and Human Services' adult protective services program administered pursuant to the Maine Revised Statutes, Title 22, section 5106, subsection 11-B, appointed by the Commissioner of Health and Human Services;

6. Two members representing hospitals in the State, one representing a health system and one representing an independent hospital, appointed by the Governor;

7. One member representing an association of hospitals in the State, appointed by the Governor;

8. One member who is a judge, appointed by the Governor;

9. One member representing the long-term care ombudsman program maintained pursuant to the Maine Revised Statutes, Title 22, section 5106, subsection 11-C, appointed by the Governor;

10. One member representing an association of nursing homes in the State, appointed by the Governor;

11. One member representing the Elderly Legal Services Program maintained pursuant to the Maine Revised Statutes, Title 22, section 5106, subsection 11-A, appointed by the Governor; and

12. One member representing the Office of the Attorney General, appointed by the Governor.

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the committee.

Sec. 4. Appointments; convening of committee. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the committee. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the committee to meet and conduct its business.

Sec. 5. Duties. Resolved: That the committee shall study and develop recommendations to address guardianship, conservatorship and authorization of transaction challenges that result in extended hospitalization of patients clinically qualified for discharge from a hospital.

Sec. 6. Staff assistance. Resolved: That the Department of Health and Human Services shall provide necessary staffing services to the committee.

Sec. 7. Report. Resolved: That, no later than December 4, 2019, the committee shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Second Regular Session of the 129th Legislature.

summary

This resolve establishes the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals. The committee is required to study and develop recommendations to address guardianship, conservatorship and authorization of transaction challenges that result in extended hospitalization of patients clinically qualified for discharge from a hospital.