Whereas, the needs of young adults with disabilities in southern Maine are not currently being met in an appropriate community setting; and

Whereas, this legislation requires the establishment of at least one residential facility for young adults with disabilities by October 1, 2005; 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

Sec. 1. Establish residential facility. Resolved: That, by October 1, 2005, the Department of Health and Human Services shall establish at least one facility in Southern Maine to serve as a residential facility for up to 6 adult individuals, 21 to 25 years of age, referred to in this resolve as "individuals," who are in need of continuous care to treat their physical disabilities and who would otherwise be eligible for treatment in a nursing facility. In the residential facility established pursuant to this resolve, the department may permit the 6 individuals to flexibly share the personal care, nursing and other home health services to which they would otherwise be eligible in a manner that jointly meets their medical needs; and be it further

Sec. 2. Funding. Resolved: That the Department of Health and Human Services shall seek to establish and operate the residential facility required under section 1 within the department's existing resources. For purposes of this section, "existing resources" includes money, such as funds associated with MaineCare and other state and federal programs, and private insurance that would otherwise be spent for the individual's nursing facility and home health care. If the department finds that existing resources are not sufficient to establish and operate the residential facility, the department is authorized to submit a bill to request an appropriation not to exceed $80,000 in General Fund dollars, per year, for this purpose; and be it further

Sec. 3. Report. Resolved: That, by February 1, 2006, the Department of Health and Human Services shall report to the Joint Standing Committee on Health and Human Services on the status of the residential facility required in section 1, its costs and the