MaineLD 769132nd Maine Legislature (2025-2026)SenateWALLET

An Act Regarding Access to Behavioral Health Supports for Adults with Certain Disabilities

Sponsored By: Henry L. Ingwersen (Democratic)

Signed by Governor

DISABLED PERSONSDISABLED PERSONS - DEVELOPMENTALLY DISABLED PERSONS

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Adult behavior supports: rights and safety

Starting April 1, 2026, adults with intellectual disability or autism who are not psychiatric inpatients get clearer rights and safer supports. A positive support plan can start when the adult asks or the person‑centered team recommends it; plans for dangerous behavior require a medical assessment first. Any plan that waives rights needs the adult’s informed consent, DHHS approval, and review by a licensed clinical social worker or psychologist working with DHHS. The law bans seclusion, corporal punishment, humiliating language, painful stimuli, totally enclosed cribs or beds, and any planned restraints. Adults must be free from restraint except for a short emergency to stop imminent injury; every use must be documented, and “restraint” does not include blocking or physical redirection. Safety devices require a written medical recommendation, team approval, and the adult’s or guardian’s consent; if video may capture other adults, their consent is required. DHHS must also run a quarterly support and safety committee to review de‑identified plans and data.

New rules for kids' behavior plans

Beginning April 1, 2026, children under 18 with intellectual disability or autism who are not psychiatric inpatients get stronger protections. Plans that target dangerous behavior must start with a doctor’s assessment to rule out medical causes. The child’s planning team must recommend the plan, and a special review team must approve it. Seclusion, corporal punishment, painful stimuli, totally enclosed cribs or beds, demeaning language, and unregulated restraints are banned. Restraints are only allowed in a short emergency or if an approved plan allows them, must be the least restrictive, and must stop when the danger ends. Providers must keep daily records of any restraint, give quarterly summaries to the child’s planning team, and send a monthly summary to the designated advocacy agency. Until DHHS adopts rules, the review team cannot allow techniques more harmful than federal Medicaid limits for community programs. Plans with planned restraints that are in place on April 1, 2026 may keep those restraints only through April 1, 2027 with DHHS approval.

Old behavioral rule repealed 2026

On April 1, 2026, the law removes a paragraph from the prior behavioral‑health statute. Providers and families must follow the updated child and adult standards and any new DHHS rules from that date.

Sponsors & Cosponsors

Sponsor

  • Henry L. Ingwersen

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by Governor, ACTPUB Chapter 276

    6/12/2025
  2. PASSED TO BE ENACTED, in concurrence.

    6/9/2025Senate
  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/9/2025House
  4. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-234).In concurrence. ORDERED SENT FORTHWITH.

    6/4/2025House
  5. Report READ and ACCEPTED.READ ONCE.Committee Amendment "A" (S-234) READ and ADOPTED.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-234).Ordered sent down forthwith for concurrence.

    6/3/2025Senate
  6. CARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025Senate
  7. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.In concurrence. ORDERED SENT FORTHWITH.

    2/25/2025House
  8. Committee on HEALTH AND HUMAN SERVICES suggested and ordered printed REFERENCE to the Committee on HEALTH AND HUMAN SERVICES Ordered sent down forthwith for concurrence

    2/25/2025Senate

Bill Text

  • Amendment C-A (S-234), adopted by House & Senate

  • Enacted

  • Introduced

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