Whereas, hundreds of persons with mental retardation are on waiting lists for services from the Department of Mental Health, Mental Retardation and Substance Abuse Services; and

Whereas, development of community placements for persons on waiting lists may be expedited by allowing for greater self- determination by persons with mental retardation and administrative costs for state agencies and private providers thereby reduced; and

Whereas, community-based private agencies must offer the necessary safety net for Maine's citizens with mental retardation; and

Whereas, contracts with providers of services to persons with mental retardation have not been adjusted to reflect the increased cost of living for over 10 years; and

Whereas, providers of services to persons with mental retardation are experiencing extreme difficulty retaining qualified direct service staff to serve clients with mental retardation; and

Whereas, providers of services to persons with mental retardation receive inadequate funding to provide health insurance benefits and other fringe benefits necessary to recruit and attract qualified employees; and

Whereas, as a result of inadequate funding providers of services are increasingly unable to develop new services to meet the needs of clients waiting for services; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 34-B MRSA §5438 is enacted to read:

§5438.__Establishment of pilot program to explore alternative

methods of developing individual client service program