34-B §3608. Community service networks - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 3: MENTAL HEALTH

Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES HEADING: PL 1987, C. 349, §20 (RPR)

Article 1: GENERAL PROVISIONS HEADING: PL 1987, C. 349, §20 (RPR)

§3608. Community service networks

The department shall establish and oversee community service networks with the collective responsibility to coordinate and ensure continuity of care within the delivery of mental health services to adult mental health consumers under the authority of the department. A network consists of organizations providing mental health services funded by the General Fund or Medicaid in the corresponding area specified in subsection 1-A. The community service networks must be established and operated in accordance with standards adopted by the department to establish and operate networks. Departmental oversight includes, but is not limited to, establishing and overseeing protocols, quality assurance, writing and monitoring contracts for service, establishing outcome measures and ensuring that each network provides an integrated system of care. The department may adopt rules to carry out this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. This section may not be construed to supersede the authority of the department as the single state Medicaid agency under the Social Security Act, Title XII or to affect the professional standards and practices of nonnetwork providers. [2007, c. 286, §8 (AMD).]

1. Responsibilities. Each network shall :

A. Ensure 24-hour access to a consumer's community support services records for better continuity of care during a psychiatric crisis ; [2007, c. 286, §8 (AMD).]

B. Ensure continuity, accountability and coordination regarding service delivery; [1995, c. 691, §7 (NEW).]

C. Participate in collection of uniform data; [2007, c. 286, §8 (AMD).]

D. In conjunction with the department, conduct planning activities based on data and client outcomes; [2007, c. 286, §8 (AMD).]

E. Develop techniques for identifying and providing services to consumers at risk, based on the principle that services will be provided as close to the consumer's home as possible; [2007, c. 545, §1 (AMD).]

F. Enable, among other things, the sharing of confidential client information to the extent necessary to protect the client’s health and safety when it is determined the client has an urgent need for mental health services. The network members shall share confidential client information, even without a client’s consent, to the extent necessary to protect the client’s health and safety in a period of urgent need for mental health services when the client lacks the capacity to give consent for the information sharing or when an exigency exists so that the client’s health and safety is better protected if the information is shared without a delay to obtain consent. A person or entity participating in good faith in sharing information under this paragraph is immune from civil liability that might otherwise result from these actions, including, but not limited to, a civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. The department shall adopt rules to identify the limits and requirements to be included in the memoranda. These rules are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; and [2007, c. 545, §2 (AMD).]

G. Provide consolidated mental health crisis services for children and adults, beginning March 1, 2009, through a memorandum of understanding among providers of mental health services in the network that must include provisions to ensure coordination, eliminate duplication and provide a level of crisis services established by the department. [2007, c. 545, §3 (NEW).]

[ 2007, c. 545, §§1-3 (AMD) .]

1-A. Areas. A community service network shall operate in each of the following geographic areas:

A. Aroostook County; [2007, c. 286, §8 (NEW).]

B. Hancock County, Washington County, Penobscot County and Piscataquis County; [2007, c. 286, §8 (NEW).]

C. Kennebec County and Somerset County; [2007, c. 286, §8 (NEW).]

D. Knox County, Lincoln County, Sagadahoc County and Waldo County; [2007, c. 286, §8 (NEW).]

E. Androscoggin County, Franklin County and Oxford County; [2007, c. 286, §8 (NEW).]

F. Cumberland County; and [2007, c. 286, §8 (NEW).]

G. York County. [2007, c. 286, §8 (NEW).]

[ 2007, c. 286, §8 (NEW) .]

2. Accountability.

[ 2007, c. 286, §8 (RP) .]

3. Public outreach.

[ 2007, c. 286, §8 (RP) .]

4. Participation.

[ 2007, c. 286, §8 (RP) .]

5. Data collection. The department shall collect data to assess the capacity of the community service networks, including, but not limited to, analyses of utilization of mental health services and the unmet needs of persons receiving publicly funded mental health services.

[ 2007, c. 286, §8 (AMD) .]

SECTION HISTORY

1995, c. 691, §7 (NEW). 1997, c. 423, §§1,2 (AMD). 2003, c. 689, §B6 (REV). 2007, c. 286, §8 (AMD). 2007, c. 545, §§1-3 (AMD).