People in inpatient settings, like psychiatric hospitals and units, or who live in other shared spaces, like mental health group homes and assisted living facilities, have rights. These rights come from state and federal laws, regulations, policies, and more, including:

It is important to know that not every setting is covered by every law or policy.

Psychiatric Hospitals and Units

Maine has two state psychiatric hospitals: Dorothea Dix Psychiatric Center, located in Bangor, and Riverview Psychiatric Center, located in Augusta. Maine also has two private psychiatric hospitals: Spring Harbor Hospital, located in Westbrook, and Acadia Hospital, located in Bangor. There are also psychiatric units in general hospitals. Below are answers to a few common questions that may apply to someone being held or receiving treatment in a hospital.

Common Questions

Q: What Holds Me in a Psychiatric hospital or Unit?

Q: WHAT ARE MY RIGHTS WHEN RECEIVING TREATMENT?

A: Generally, for adults, they can be found under the Rights of Recipients of Mental Health Services .

Q: Are there other rights that may also apply?

A. Yes. Additional rights under state and federal law may be applicable depending on the setting. You can learn more from the Centers for Medicare & Medicaid Services .

Emergency Departments

Emergency departments are required by state and federal laws to medically stabilize any patient that comes through their doors.

 

Common Questions

Q: Do the Rights of Recipients for Mental Health Services apply in emergency departments?

A: No. It is important to know that these rights do not apply in emergency departments.

Q: Are there other rights in emergency departments?

A: Yes. These rights include, but are not limited to, certain federal laws and regulations. This includes the Emergency Medical Treatment and Labor Act, also know as “EMTALA.”

This law aims to prevent any hospital emergency department that receives Medicare funds (which includes most U.S. hospitals) from refusing treatment.

Learn more about this law and how to file an EMTALA complaint .

Mental Health Group Homes

Many of the same rights described above apply to individuals living in mental health group homes.

 

Common Questions

Q: What are mental health group homes?

A: Mental health group homes are residences that are licensed by the Maine Department of Health and Human Services and provide mental health treatment and services to eligible individuals. They are commonly referred to as Private Non-Medical Institutions or PNMIs.

Q: What are some of the Rules that may Apply to Mental Health Group Homes?

Trainings & Upcoming Events

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Filing a Complaint

There are many ways to advocate for your rights if you think they have been violated, including:

Other places to file a complaint include:

  1. The Joint Commission (JCAHO)
  2. MaineCare Program Integrity
  3. Centers for Medicare & Medicaid Services

    Recent Successes

    DRM Statement on the Dismissal of the AMHI Consent Decree

    On December 3, 2024 the Maine Superior Court issued an order dismissing the 1989 class action lawsuit and subsequent 1990 injunction that is commonly known as the “AMHI Settlement Agreement or AMHI Consent Decree.” AMHI was a state inpatient psychiatric facility at...

    This information is provided as background information and is not intended as legal advice. If you are a person with a disability with questions about your rights or if you believe you were discriminated against because of disability, contact Disability Rights Maine at 800.452.1948, by email to advocate@drme.org, or through our online intake form.

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