Sec. VV-1. Community Development Fund - Mental Health. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, there is established the Community Development Fund - Mental Health to which must be transferred all available General Fund appropriation balances due to the diminution of services or to lowered administrative costs at a state mental health facility for the fiscal years ending June 30, 1998 and June 30, 1999. Funds must be utilized and transferred from this fund pursuant to the provisions of this Part.
Sec. VV-2. Appropriation transfers. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is authorized to transfer funds from the Community Development Fund - Mental Health to develop and expand service capacity within the community and to provide mental health services in community-based programs. The transfer and allotment of available funds must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the Joint Standing Committee on Appropriations and Financial Affairs. This financial order must include a plan outlining how these funds will be expended. This financial order takes effect upon approval by the Governor.
Sec. VV-3. Community Development Fund - Mental Retardation. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, there is established the Community Development Fund - Mental Retardation to which must be transferred all available General Fund appropriation balances due to the diminution of services or to lowered administrative costs at a state mental retardation facility for the fiscal years ending June 30, 1998 and June 30, 1999. Funds must be utilized and transferred from this fund pursuant to the provisions of this Part.
Sec. VV-4. Appropriation transfers. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is authorized to transfer funds from the Community Development Fund - Mental Retardation to develop and expand service capacity within the community and to provide mental retardation services in community-based programs. The transfer and allotment of available funds must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the Joint Standing Committee on Appropriations and Financial Affairs. This financial order must include a plan outlining how these funds will be expended. The financial order takes effect upon approval by the Governor.
Sec. VV-5. Community Development Fund - Children. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, there is established the Community Development Fund - Children to which must be transferred all available General Fund appropriation balances due to a decreased reliance on inpatient services or to lowered administrative costs at state-supported programs serving children with special needs for the fiscal years ending June 30, 1998 and June 30, 1999. Funds must be utilized and transferred from this fund pursuant to the provisions of this Part.
Sec. VV-6. Appropriation transfers. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is authorized to transfer funds from the Community Development Fund - Children to develop and expand service capacity within the community to provide improved services for children with special needs in community-based programs. The transfer and allotment of available funds must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the Joint Standing Committee on Appropriations and Financial Affairs. This financial order must include a plan outlining how these funds will be expended. This financial order takes effect upon approval by the Governor.
Sec. VV-7. Department of Mental Health, Mental Retardation and Substance Abuse Services; cost allocation. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall include the Office of Substance Abuse in its cost allocation plan. This will result in additional General Fund undedicated revenue of $200,000 in fiscal year 1997-98 and $200,000 in fiscal year 1998-99.
Sec. VV-8. Department of Mental Health, Mental Retardation and Substance Abuse Services; rate establishment. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall recommend, with the approval of the Department of Human Services, establishment of mental health case management rates consistent with the Medicaid rules and regulations that will increase federal financial participation. This will result in additional General Fund undedicated revenue of $485,691 in fiscal year 1997-98 and $524,367 in fiscal year 1998-99.
Sec. VV-9. Nonlapsing funds. Any unencumbered balance of General Fund appropriations remaining at the end of each fiscal year in the Office of Substance Abuse - Medicaid Seed account does not lapse but must be carried forward to be used for the same purposes.
Sec. VV-10. Funding. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, for the period beginning with the fiscal year ending June 30, 1997, the State Controller shall transfer, equally, to the Community Development Fund-MH, Community Development Fund-MR and Community Development Fund-Children General Fund programs, all available appropriation balances within the Administration - MH&MR, Office of Advocacy - Mental Health and Mental Retardation, Aroostook Residential Center, Bath Children's Home, Freeport Towne Square, Elizabeth Levinson Center and Pineland Center programs that would otherwise lapse to the General Fund.
Sec. VV-11. Nonlapsing funds. Any unencumbered balance of General Fund appropriations remaining on June 30, 1998 and June 30, 1999 in the Community Development Fund-MH, Community Development Fund-MR and Community Development Fund-Children may not lapse but must be carried forward to be used for the same purposes.
Sec. VV-12. Managed care. The Department of Human Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services are authorized to seek all necessary approvals to establish a managed care capitation service program within the Department of Mental Health, Mental Retardation and Substance Abuse Services as agreed upon in a Memorandum of Understanding signed by the commissioners of the 2 departments. The state share of the costs are authorized to be funded by the Mental Health Services - Community, Mental Retardation Services - Community, Mental Health Services - Children and Office of Substance Abuse programs within the Department of Mental Health, Mental Retardation and Substance Abuse Services. The federal share of the costs are authorized to be funded by the Medical Care - Payments to Providers program within the Department of Human Services.
Sec. VV-13. Appropriation and position transfer. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, as an interim strategy to downsize the Augusta Mental Health Institute and the Bangor Mental Health Institute, is authorized by financial order to transfer positions to the Mental Health Services - Community program and to transfer available balances of appropriations and allocations between line categories and accounts within Augusta Mental Health Institute, Disproportionate Share - Augusta Mental Health Institute; Bangor Mental Health Institute, Disproportionate Share - Bangor Mental Health Institute; and Mental Health Services - Community programs, as the positions and funds become available through the downsizing of the Augusta Mental Health Institute and the Bangor Mental Health Institute. Positions and funding from the Augusta Mental Health Institute budget must be transferred as needed for reassignment to support services consistent with the Augusta Mental Health Institute Consent Decree Plan. Positions transferred by financial order during fiscal year 1997-98 terminate on March 31, 1998 unless extended through legislative approval. Positions transferred by financial order during fiscal year 1998-99 terminate on May 31, 1999 unless extended through legislative approval.
Sec. VV-14. Repeal. Sections 1 to 10 and sections 12 and 13 of this Part are repealed June 30, 1999.
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