An Act To Reestablish the Office of Advocacy within the Department of Health and Human Services
Sec. 1. 22 MRSA §7924, sub-§1, as amended by PL 2011, c. 657, Pt. EE, §1, is further amended to read:
Sec. 2. 34-B MRSA §1223, sub-§9, ¶F, as amended by PL 2011, c. 657, Pt. EE, §2, is further amended to read:
Sec. 3. 34-B MRSA §5005-A, as amended by PL 2013, c. 310, §§2 to 5, is repealed.
Sec. 4. 34-B MRSA §5005-B is enacted to read:
§ 5005-B. Office of Advocacy
An individual who is not under guardianship has the right to refuse such participation by an advocate.
Sec. 5. 34-B MRSA §5470-B, sub-§7, ¶C is enacted to read:
Sec. 6. 34-B MRSA §5604, sub-§3, ¶A, as amended by PL 2011, c. 657, Pt. EE, §7, is further amended to read:
Sec. 7. 34-B MRSA §5604-A, sub-§3, as amended by PL 2011, c. 657, Pt. EE, §8, is further amended to read:
Sec. 8. 34-B MRSA §5605, sub-§13, ¶B, as amended by PL 2013, c. 310, §7, is further amended to read:
(1) On the recommendation of the person's personal planning team;
(2) For an adult 18 years of age or older, with the approval, following a case-by-case review, of a review team composed of a representative from the department, a representative from the advocacy agency designated pursuant to Title 5, section 19502 an advocate from the Office of Advocacy, established in section 5005-B, and a representative designated by the Maine Developmental Services Oversight and Advisory Board . The advocacy agency representative serves as a nonvoting member of the review team and shall be present to advocate on behalf of the person. The department shall provide sufficient advance notice of all scheduled review team meetings to the advocacy agency and provide the advocacy agency with any plans for which approval is sought along with any supporting documentation; and
(3) For a child under 18 years of age, with the approval, following a case-by-case review, of a review team composed of a representative an advocate from the advocacy agency designated pursuant to Title 5, section 19502 Office of Advocacy, established in section 5005-B, a team leader of the department's children's services division and the children's services medical director or the director's designee. The advocacy agency representative serves as a nonvoting member of the review team and shall be present to advocate on behalf of the person. The department shall provide sufficient advance notice of all scheduled review team meetings to the advocacy agency and provide the advocacy agency with any plans for which approval is sought along with any supporting documentation. Until rules are adopted by the department to govern behavioral treatment reviews for children, the team may not approve techniques any more aversive or intrusive than are permitted in rules adopted by the Secretary of the United States Department of Health and Human Services regarding treatment of children and youth in nonmedical community-based facilities funded under the Medicaid program.
Sec. 9. 34-B MRSA §5605, sub-§14-A, as amended by PL 2011, c. 657, Pt. EE, §10, is further amended to read:
A restraint may not be used as punishment, for the convenience of the staff or as a substitute for habilitative services. A restraint may impose only the least possible restriction consistent with its purpose and must be removed as soon as the threat of imminent injury ends. A restraint may not cause physical injury to the person receiving services and must be designed to allow the greatest possible comfort and safety.
Daily records of the use of restraints identified in paragraph A must be kept, which may be accomplished by meeting reportable event requirements.
Daily records of the use of restraints identified in paragraph B must be kept, and a summary of the daily records pertaining to the person must be made available for review by the person's planning team, as defined in section 5461, subsection 8-C, on a schedule determined by the team. The review by the personal planning team may occur no less frequently than quarterly. The summary of the daily records must state the type of restraint used, the duration of the use and the reasons for the use. A monthly summary of all daily records pertaining to all persons must be relayed to the advocacy agency designated pursuant to Title 5, section 19502 Office of Advocacy, established in section 5005-B.
Sec. 10. 34-B MRSA §5606, sub-§1, as amended by PL 2013, c. 310, §8, is further amended to read:
Sec. 11. 34-B MRSA §5608, sub-§2, as amended by PL 2011, c. 657, Pt. EE, §12, is further amended to read:
Sec. 12. 34-B MRSA §5611, as enacted by PL 2013, c. 310, §9, is repealed.
summary
This bill reestablishes the Office of Advocacy, abolished in 2011, in the Department of Health and Human Services as an internal agency to protect the interests of individuals with intellectual disabilities and autism.