§1719. Patients' rights
This section applies to hospitals licensed pursuant to chapter 405 that are nonstate mental health institutions as defined in Title 34‑B, section 3801, subsection 6 and that are not subject to the grievance procedures of the Department of Behavioral and Developmental Services. [PL 2003, c. 649, §1 (NEW).]
1. Adoption of rules. The commissioner shall adopt rules for the enhancement and protection of the rights of adult patients receiving inpatient mental health services from a hospital subject to the requirements of this section. The commissioner shall hold a public hearing before adopting rules under this section and shall give notice of the public hearing pursuant to Title 5, section 8053. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 649, §1 (NEW).]
2. Rights protected. The rules adopted pursuant to subsection 1 must meet the requirements of Title 34‑B, section 3003, subsection 2, paragraphs A to K and must provide for the same opportunity for hearing and type of hearing as described in rules of the Department of Behavioral and Developmental Services relating to grievances filed by adult mental health consumers.
[PL 2003, c. 649, §1 (NEW).]
3. Delegation. The department shall delegate to the Department of Behavioral and Developmental Services responsibility for hearing and resolving all grievances that are submitted in a timely manner by patients receiving inpatient mental health services in hospitals subject to the requirements of this section.
[PL 2003, c. 649, §1 (NEW).]
4. Final agency action. Final resolution of a grievance by the Department of Behavioral and Developmental Services under the rules adopted pursuant to subsection 1 is the final agency action of the department for the purposes of judicial review under Title 5, section 11001.
[PL 2003, c. 649, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 649, §1 (NEW).
Structure Maine Revised Statutes
Part 4: HOSPITALS AND MEDICAL CARE
Chapter 401: GENERAL PROVISIONS
22 §1701. Program of health services
22 §1702. Hospital surveys (REPEALED)
22 §1703. Acceptance of federal and other funds
22 §1704. Advisory Hospital Council (REPEALED)
22 §1705. Individuals may select own physician
22 §1706. Distribution of antitoxins in emergency
22 §1707. Responsible relatives; duty of hospitals (REPEALED)
22 §1708. Appropriations for aid of public and private hospitals and nursing homes
22 §1709. State-wide plan; advisory council; duties (REPEALED)
22 §1710. Deferred revenue payments
22 §1711. Patient access to hospital medical records
22 §1711-A. Fees charged for records
22 §1711-B. Patient access to treatment records; health care practitioners
22 §1711-C. Confidentiality of health care information
22 §1711-D. Designation of visitors in hospital settings
22 §1711-E. Confidentiality of prescription drug information
22 §1711-G. Designated lay caregivers
22 §1713. Transitional hospital reimbursement (REPEALED)
22 §1714. Debts owed the department by providers (REPEALED)
22 §1714-A. Debts owed the department by providers
22 §1714-B. Critical access hospital reimbursement (REPEALED)
22 §1714-C. Critical access hospital staff enhancement reimbursement
22 §1714-D. Critical access hospital reimbursement
22 §1715. Access requirements applicable to certain health care providers
22 §1716. Charity care guidelines
22 §1717. Registration of personal care agencies and placement agencies
22 §1718. Consumer information
22 §1718-A. Consumer information regarding health care practitioner prices (REPEALED)
22 §1718-B. Consumer information regarding health care entity prices
22 §1718-C. Estimate of the total price of a single medical encounter for an uninsured patient
22 §1718-E. Prohibition on fees for transferring a patient or a patient's medical records
22 §1718-F. Disclosure related to observation status for Medicare patients
22 §1720. Nursing facility medical director reimbursement
22 §1721. Prohibition on payment for health care facility mistakes or preventable adverse events
22 §1722. Voluntary restraint (REALLOCATED FROM TITLE 22, SECTION 1721)
22 §1724. Criminal background checks (REALLOCATED FROM TITLE 22, SECTION 1723)
22 §1725. Neuropsychological and psychological evaluations
22 §1726. Palliative Care and Quality of Life Interdisciplinary Advisory Council
22 §1727. Cooperation with law enforcement (REALLOCATED FROM TITLE 22, SECTION 1726)