Sec. P-1. 22 MRSA §254, sub-§1, as amended by PL 2003, c. 20, Pt. GGG, §2, is further amended to read:
1. Prescription and nonprescription drugs. Prescription and nonprescription drugs, medications and medical supplies of manufacturers that enter into rebate agreements pursuant to subsection 8. The department may create and implement a preferred drug list. These drugs may be made available through the operation of this program.
A. The basic component of the program must provide drugs and medications for cardiac conditions and high blood pressure, diabetes, arthritis, anticoagulation, hyperlipidemia, osteoporosis, chronic obstructive pulmonary disease and asthma, incontinence, thyroid diseases, glaucoma, parkinson's disease, multiple sclerosis and amyotrophic lateral sclerosis. The basic component must also provide over-the-counter medications that are prescribed by a health care provider and approved as cost-effective by the department.
B. The supplemental component of the program must provide all prescription drugs and medications of manufacturers that enter into rebate agreements pursuant to subsection 8 other than those prescription drugs and medications provided under paragraph A;
Sec. P-2. 22 MRSA §254, sub-§4, as amended by PL 2003, c. 20, Pt. GGG, §3, is further amended to read:
4. Method of prescribing or ordering drugs. The method of prescribing or ordering the drugs under subsection 1, which may include, but is not limited to, the use of standard or larger prescription refill sizes so as to minimize operational costs and to maximize economy and may also include supply by mail order. Unless the prescribing physician indicates otherwise or the department determines that it would not be cost-effective, the use of generic or chemically equivalent drugs is required, as long as these drugs are of the same quality and have the same mode of delivery as is provided to the general public, consistent with good pharmaceutical practice;
Sec. P-3. 22 MRSA c. 1071, sub-c. 15 is enacted to read:
SUBCHAPTER 15
YOUTH IN NEED OF SERVICES PROGRAM
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Case manager. "Case manager" means an agent of the department authorized by this subchapter to perform all case management functions for a youth alleged or found to be in need of services. "Case manager" may include community-based agencies contracted by the department and persons employed by those agencies to provide case management services.
2. Court. "Court" means the District Court.
3. Services. "Services" means housing, education, food, medical care, mental health or substance abuse services or treatment, supervision by a parent or legal guardian and support services, including mediation services, that may assist a youth in need of services or the youth's family or legal guardian.
4. Youth in need of services. "Youth in need of services" means a child under 15 years of age who:
A. Is without proper care or subsistence, education, a home or medical or other care necessary for the child's well-being;
B. Is without or beyond the control of the child's parent or legal guardian; or
C. Is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense.
§4099-B. Youth in Need of Services Program
1. Youth in Need of Services Program established. The Youth in Need of Services Program, referred to in this subchapter as "the program," is established within the department to provide preliminary assessments, safety plans and other services as specified in this subchapter to youth and their families and legal guardians.
§4099-C. Preliminary assessment; safety plan; other services
1. Preliminary assessment. When a case manager is informed that a youth may be in need of services, the case manager shall make a preliminary assessment within 48 hours, including weekends and holidays, to determine whether the youth is a youth in need of services as defined in this subchapter and whether further action should be taken under subsection 2 or 3.
2. Safety plan. When a case manager determines that a youth is in need of services, the case manager shall immediately develop a safety plan and arrange services for the youth and, if appropriate, for the youth's family or legal guardian.
3. Imminent danger. If a youth is determined by a case manager to be in need of services and is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense, the case manager shall attempt to contact the family or legal guardian, if appropriate, to begin services to the youth and family or legal guardian and shall promptly file a petition to commence court proceedings.
A. If the court finds that a youth is in need of services and is in imminent danger of serious physical, mental or emotional injury or at risk of prosecution for a juvenile offense, the court shall order that a service provider offer appropriate services to the youth and the youth's family or legal guardian if appropriate.
B. In a proceeding brought under this subsection, if the court orders a service provider to offer appropriate services to a youth or the youth's family or legal guardian, the court may not order secure residential placement or inpatient treatment or order a youth to participate in services or enter an order of enforcement or contempt.
4. Treatment by spiritual means. A youth may not be considered to be in need of services under this subchapter solely because treatment is provided by spiritual means by an accredited practitioner of a recognized religious organization. When medical treatment is authorized under this subchapter, treatment by spiritual means by an accredited practitioner of a recognized religious organization may also be considered if requested by a youth or the youth's parent or legal guardian.
5. Reporting. The department shall report by October 1, 2003 and annually thereafter to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the number and nature of preliminary assessments, safety plans and court proceedings under this section. The report must include safety plans and court proceedings under this section. The report must include recommendations for policy initiatives, rulemaking and legislative action for youth in need of services.
Sec. P-4. PL 2003, c. 51, Pt. H, §7 is amended to read:
Sec. H-7. Intergovernmental transfer. The Commissioner of Administrative and Financial Services shall annually establish the amount that must be transferred from the City of Portland as an intergovernmental transfer. The amounts that must be transferred to the State as undedicated General Fund revenue from the City of Portland must be $1,000,000 in fiscal year 2002-03 and must be at least $2,000,000 $2,492,618 in fiscal year 2003-04 and at least $2,000,000 $2,544,709 in fiscal year 2004-05.
Sec. P-5. Intergovernmental transfer; municipally funded facilities. The Commissioner of Administrative and Financial Services shall annually establish the amount that must be transferred from Mayo Regional Hospital in Dover-Foxcroft and Cary Medical Center in Caribou as an intergovernmental transfer. The amounts that must be transferred to the State as undedicated General Fund revenue from these municipally funded facilities must be at least $2,590,000 in fiscal year 2003-04 and at least $2,630,000 in fiscal year 2004-05.
Sec. P-6. Rename Youth in Need of Services Pilot; distribution of funds. Notwithstanding any other provision of law, the "Youth in Need of Services Pilot" is renamed "Youth in Need of Services Program." All funds appropriated or allocated to the Youth in Need of Services Program must be distributed equally among the Bangor, Lewiston and Portland programs.
Sec. P-7. Department of Human Services; revenue. Notwithstanding any other provision of law, $1,134,035 of reimbursements under Title XXI of the United States Social Security Act will be deposited as General Fund undedicated revenue in fiscal year 2002-03.
Sec. P-8. Department of Human Services MaineCare rules. The Department of Human Services is required to adopt MaineCare emergency rules, effective July 1, 2003, for the purpose of changing its methods and standards for setting MaineCare payment rates for hospital services in order to achieve the deallocations in the Part I and Part II budgets and as deemed necessary by the department to ensure the efficient operation of the MaineCare program.
Sec. P-9. Lapsed balances. Notwithstanding any other provision of law, $100,000 of the encumbered balance forward in fiscal year 2002-03 in the Bureau of Medical Services, General Fund account in the Department of Human Services must be disencumbered and this amount lapses to the General Fund in fiscal year 2002-03.
Sec. P-10. Department of Human Services accounts; lapsed balances. Notwithstanding any other provision of law, $500,000 of encumbered balance forward in fiscal year 2002-03 in the Department of Human Services accounts must be disencumbered and this amount lapses to the General Fund in fiscal year 2002-03.
Sec. P-11. Department of Human Services; revenue. Notwithstanding any other provision of law, the Department of Human Services shall seek reimbursement of expenditures under Medicaid, Title XIX of the United States Social Security Act for targeted case management in the amount of $579,638 in fiscal year 2003-04 and $579,638 in fiscal year 2004-05. This revenue must be deposited in the General Fund as undedicated revenue.
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