Amend the bill in Part A by striking out all of section 19 and inserting the following:
‘Sec. A-19. 5 MRSA §20005, sub-§6, as amended by PL 2011, c. 542, Pt. A, §6, is further amended to read:
Amend the bill in Part A in section 25 in §20007 in the first paragraph in the first line (page 6, line 31 in L.D.) by striking out the following: " office department and council" and inserting the following: ' office and council department'
Amend the bill in Part A by striking out all of section 68 and inserting the following:
‘Sec. A-68. 22 MRSA §7249, as amended by PL 2011, c. 477, Pt. K, §1, is further amended to read:
Amend the bill in Part A by striking out all of section 75.
Amend the bill in Part B by inserting after section 4 the following:
‘Sec. B-5. 22 MRSA §5104, sub-§4, as repealed and replaced by PL 1973, c. 793, §3, is repealed.
Amend the bill in Part B by striking out all of section 8 and inserting the following:
‘Sec. B-8. 22 MRSA §5106, as amended by PL 2011, c. 542, Pt. A, §§39 and 40, is further amended to read:
The bureau department shall establish, in accordance with the purposes and intent of this Part, with the advice of the committee and subject to the direction of the commissioner, the overall planning, policy, objectives and priorities for all functions and activities conducted or supported in the State which that relate to Maine's aging population and incapacitated and dependent adults. In order to carry out the above, the bureau shall have department has the power and duty to:
Amend the bill in Part E by striking out all of sections 3 and 4 and inserting the following:
‘Sec. E-3. 34-B MRSA §1223, sub-§10, ¶B, as amended by PL 2011, c. 542, Pt. A, §68, is further amended to read:
B. The chief advocate and the manager of adult protective services in the Office of Adults with Cognitive and Physical Disability Services within advocacy agency designated pursuant to Title 5, section 19502, or the department, when requested by the board or pursuant to a written agreement with the board, shall release to the board information pertaining to alleged abuse, exploitation or neglect or alleged dehumanizing practice or violation of rights of a person with intellectual disabilities or autism. The board shall maintain the confidentiality of information disclosed to it or discovered by it as required by section 1207.
Sec. E-4. 34-B MRSA §5005, as amended by PL 2011, c. 542, Pt. A, §§85 to 90, is repealed.
Amend the bill in Part E by striking out all of sections 7 and 8 and inserting the following:
‘Sec. E-7. 34-B MRSA §5604, sub-§3, ¶A, as amended by PL 2011, c. 542, Pt. A, §127, is further amended to read:
A. The department shall provide easily accessible and regular notice of the grievance process to persons with intellectual disabilities or autism served by the department. This notice must be included in informational materials provided to such persons, as well as to guardians, families, correspondents and allies. Notice of the right to appeal must be prominently displayed in regional offices and on the department’s publicly accessible website and must be readily available from provider agencies. Notice of the right to appeal must be included in all substantive correspondence regarding personal planning. Written notice of the right to appeal must also be provided when there is a denial or reduction of services or supports to persons served by the department. All notices and information regarding the grievance process must be written in language that is plain and understandable and must include the address and telephone number of the Office of Advocacy and the protection and advocacy agency designated pursuant to Title 5, section 19502.
Sec. E-8. 34-B MRSA §5604-A, sub-§3, as amended by PL 2011, c. 542, Pt. A, §128, is further amended to read:
Amend the bill in Part E by striking out all of section 10 and inserting the following:
‘Sec. E-10. 34-B MRSA §5605, sub-§14-A, as amended by PL 2011, c. 542, Pt. A, §129, is further amended to read:
Amend the bill by striking out all of Parts F and G and inserting in the following:
PART F
‘
Sec. F-1. Restructuring. The Commissioner of Health and Human Services shall review the current organizational structure, systems and operations of the Department of Health and Human Services and restructure the department in order to achieve the provisions of this Act. Notwithstanding any other provision of law, the State Budget Officer shall transfer positions, appropriations and allocations between accounts and line categories by financial order upon approval of the Governor in order to achieve the provisions of this Act. Transfers by the State Budget Officer made prior to September 1, 2012 are considered adjustments to authorized position count, appropriations and allocations in fiscal year 2012-13. On or before December 1, 2012, the commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report outlining the progress towards the new organizational structure and any transferred amounts. On or before June 30, 2013, the commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report updating the progress towards the new organizational structure and any transferred amounts made subsequent to the December 1, 2012 report.
PART G
Sec. G-1. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
Developmental Services - Community 0122
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Elder and Adult Services and Office of Adults with Cognitive and Physical Disability Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(3.000) |
Personal Services
|
$0 |
($224,577) |
|
|
|
GENERAL FUND TOTAL |
$0 |
($224,577) |
Mental Health Services - Children 0136
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(9.000) |
Personal Services
|
$0 |
($704,020) |
|
|
|
GENERAL FUND TOTAL |
$0 |
($704,020) |
Mental Health Services - Community 0121
Initiative: Eliminates 17 Intensive Case Manager positions, 2 Mental Health Caseworker Supervisor positions, one Mental Health Worker III position and one Social Services Manager I position in the Mental Health Services - Community program and increases All Other funding to expand the Projects for Assistance in Transition from Homelessness program to a statewide model. The remaining savings will be used to contract for case management services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(21.000) |
Personal Services
|
$0 |
($1,041,182) |
All Other
|
$0 |
$1,041,182 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$0 |
Mental Health Services - Community 0121
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Substance Abuse and Office of Adult Mental Health Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(4.000) |
Personal Services
|
$0 |
($216,208) |
|
|
|
GENERAL FUND TOTAL |
$0 |
($216,208) |
Office of Advocacy - BDS 0632
Initiative: Eliminates one Public Service Manager II position and 6 full-time and one part-time Advocate positions to reflect the elimination of the Office of Advocacy and increases the current All Other appropriation of $38,292 by $291,763 in order to provide $330,055 for a contract for advocacy services. This request will reduce General Fund undedicated revenue by $140,259.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(7.500) |
Personal Services
|
$0 |
($419,384) |
All Other
|
$0 |
$291,763 |
|
|
|
GENERAL FUND TOTAL |
$0 |
($127,621) |
Office of Substance Abuse 0679
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Substance Abuse and Office of Adult Mental Health Services.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$15,000 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$15,000 |
FEDERAL BLOCK GRANT FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$5,907 |
|
|
|
FEDERAL BLOCK GRANT FUND TOTAL |
$0 |
$5,907 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
($1,257,426) |
FEDERAL BLOCK GRANT FUND
|
$0 |
$5,907 |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
($1,251,519) |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Bureau of Child and Family Services - Central 0307
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
35.000 |
Personal Services
|
$0 |
$774,988 |
All Other
|
$0 |
$1,151,783 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$1,926,771 |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(27.000) |
Personal Services
|
$0 |
($1,727,713) |
All Other
|
$0 |
($2,656,179) |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
($4,383,892) |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$1,479,798 |
All Other
|
$0 |
($2,668,528) |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
($1,188,730) |
Bureau of Child and Family Services - Regional 0452
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
16.000 |
Personal Services
|
$0 |
($6,230,149) |
All Other
|
$0 |
$432,191 |
|
|
|
GENERAL FUND TOTAL |
$0 |
($5,797,958) |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
($21,372) |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
($21,372) |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$7,322,251 |
All Other
|
$0 |
$975,406 |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
$8,297,657 |
Bureau of Medical Services 0129
Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund and 50% Federal Expenditures Fund in the Bureau of Medical Services.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$83,362 |
All Other
|
$0 |
$5,000 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$88,362 |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
2.000 |
Personal Services
|
$0 |
$83,362 |
All Other
|
$0 |
$6,341 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
$89,703 |
Child Care Food Program 0454
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(2.000) |
Personal Services
|
$0 |
($82,533) |
All Other
|
$0 |
($327) |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
($82,860) |
Child Care Services 0563
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
FEDERAL BLOCK GRANT FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
7.000 |
Personal Services
|
$0 |
($140,825) |
All Other
|
$0 |
$41,647 |
|
|
|
FEDERAL BLOCK GRANT FUND TOTAL |
$0 |
($99,178) |
Child Support 0100
Initiative: Establishes 8 Human Services Support Enforcement Agent positions funded 34% General Fund and 66% Federal Expenditures Fund in the Child Support program. The General Fund portion of the positions is funded by the additional undedicated revenue generated by these additional positions.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$174,240 |
All Other
|
$0 |
$15,000 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$189,240 |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
8.000 |
Personal Services
|
$0 |
$338,240 |
All Other
|
$0 |
$30,667 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
$368,907 |
Departmentwide 0640
Initiative: Provides funds in the Departmentwide program within the Department of Health and Human Services. Funds may be transferred between accounts and line categories as needed within the department by financial order upon approval of the Governor.
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
$841,932 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$841,932 |
IV-E Foster Care/Adoption Assistance 0137
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
$1,418,655 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$1,418,655 |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
All Other
|
$0 |
($15,143,042) |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
($15,143,042) |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
All Other
|
$0 |
($72,393) |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
($72,393) |
Office of Elder Services Adult Protective Services Z040
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Elder and Adult Services and Office of Adults with Cognitive and Physical Disability Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
3.000 |
Personal Services
|
$0 |
$320,194 |
All Other
|
$0 |
$15,000 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$335,194 |
Purchased Social Services 0228
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$12,410 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$12,410 |
State-funded Foster Care/Adoption Assistance 0139
Initiative: Provides for the restructuring of the Department of Health and Human Services' Office of Child and Family Services.
GENERAL FUND |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
(14.000) |
Personal Services
|
$0 |
($1,173,774) |
All Other
|
$0 |
$3,276,335 |
|
|
|
GENERAL FUND TOTAL |
$0 |
$2,102,561 |
FEDERAL EXPENDITURES FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$19,803 |
All Other
|
$0 |
$386,872 |
|
|
|
FEDERAL EXPENDITURES FUND TOTAL |
$0 |
$406,675 |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$205,995 |
All Other
|
$0 |
($5,652,788) |
|
|
|
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
($5,446,793) |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) |
|
|
DEPARTMENT TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
$1,117,167 |
FEDERAL EXPENDITURES FUND
|
$0 |
($18,765,881) |
OTHER SPECIAL REVENUE FUNDS
|
$0 |
$1,589,741 |
FEDERAL BLOCK GRANT FUND
|
$0 |
($99,178) |
|
|
|
DEPARTMENT TOTAL - ALL FUNDS |
$0 |
($16,158,151) |
SECTION TOTALS |
2011-12 |
2012-13 |
|
|
|
GENERAL FUND
|
$0 |
($140,259) |
FEDERAL EXPENDITURES FUND
|
$0 |
($18,765,881) |
OTHER SPECIAL REVENUE FUNDS
|
$0 |
$1,589,741 |
FEDERAL BLOCK GRANT FUND
|
$0 |
($93,271) |
|
|
|
SECTION TOTAL - ALL FUNDS |
$0 |
($17,409,670) |
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
SUMMARY
This amendment is the majority report of the committee. The amendment clarifies that the authority of the Commissioner of Health and Human Services to restructure the Department of Health and Human Services is limited to actions to achieve the enacted provisions. The amendment corrects errors in the designation of fiscal years, requires the report from the Commissioner of Health and Human Services and the State Budget Officer by December 1, 2012 and requires another report by June 30, 2013. The amendment corrects appropriations and allocations in Part G. The amendment to Part G keeps as departmental personnel the intensive case managers who are connected to correctional facilities. The amendment retains the provisions of the bill that eliminate the positions of departmental personnel who are intensive case managers for adult mental health clients of the department and contract out that service.
This amendment also amends certain sections of the bill to incorporate changes to the laws in Public Law 2011, chapters 477 and 542.
FISCAL NOTE REQUIRED
(See attached)