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Lawmakers approve Graham bill to support children and individuals with intellectual disabilities

AUGUSTA - The Legislature gave final approval Tuesday to a measure sponsored by Rep. Anne Graham, D-North Yarmouth that would develop a "No Eject, No Reject" policy to support children receiving behavioral health services and individuals with intellectual disabilities.

As amended, LD 1003 would direct the Maine Department of Health and Human Services (DHHS) to convene a stakeholder group to develop a policy that would require residential behavioral health providers serving children or individuals with intellectual disabilities to obtain written approval from DHHS before terminating or refusing to deliver care.

"Serving on the Legislature's Health and Human Services Committee, I've heard from countless advocates and those in the field that Maine is facing a true crisis in our hospitals' emergency rooms, where children experiencing behavioral health crises are languishing for days, and sometimes weeks and months," said Graham. "These children are there because we do not have adequate care alternatives for them. This bill takes an important step towards addressing what is a painful reality for too many of our most vulnerable Mainers."

At the start of this year, the DHHS Office of Child and Family Services issued its 2022 Children's Behavioral Health Services Annual Report which found that 861 youth had extended stays in emergency departments between January and October of 2022. On average, those who met the criterion for psychiatric inpatient care stayed in the emergency room for seven days, while those who did not stayed just three days.

LD 1003 would require DHHS to examine data about why providers terminate or refuse referrals for services and determine barriers to accepting individuals for treatment. The department must report its findings to the Legislature no later than Jan. 2, 2024.

The bill now heads to the governor's desk.

Rep. Anne Graham is serving her third non-consecutive term in the Maine House of Representatives and is a member of the Joint Standing Committee on Health and Human Services. She represents the community members of North Yarmouth and Gray.

Contact:

Brian Lee [Graham], c. 305-965-2744