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

Whereas,  there exist multiple concerns surrounding the fact that many hospital patients are not discharged when they are clinically qualified for discharge from the hospital; and

Whereas,  a study of how to address these concerns is necessary to 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; and

Whereas,  the study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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

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 14 members appointed or designated as follows:

1. Two members of the Senate, appointed by the President of the Senate, and 2 members of the House of Representatives, appointed by the Speaker of the House of Representatives, including members from each of the 2 parties holding the largest number of seats in the Legislature, one member to be a sitting member of the Joint Standing Committee on Health and Human Services and one member to be a sitting member of the Joint Standing Committee on Judiciary;

2. 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, designated by the Commissioner of Health and Human Services;

3. Two members representing hospitals in the State, one representing a health system, appointed by the President of the Senate, and one representing an independent hospital, appointed by the Speaker of the House;

4. One member representing an association of hospitals in the State, appointed by the President of the Senate;

5. 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 President of the Senate;

6. One member representing an association of nursing homes in the State, appointed by the Speaker of the House;

7. 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 President of the Senate;

8. One member representing the Office of the Attorney General, designated by the Attorney General;

9. One member who is an attorney who represents persons who are incapacitated, appointed by the Speaker of the House; and

10. The President of the Maine Probate Judges Assembly, or the president’s designee.

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 and designations 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 Legislative Council shall provide necessary staffing services to the committee, except that the Legislative Council staff support is not authorized when the Legislature is in regular or special session.

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, to the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Judiciary. Each committee may report out legislation to the Second Regular Session of the 129th Legislature based on the report.

Sec. 8. Outside funding. Resolved: That the committee may seek funding contributions to help fund the costs of the study. All outside funding is subject to approval by the Legislative Council in accordance with its policies.

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