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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 389
H.P. 1166 - L.D. 1593

An Act To Amend Laws Relating to Development of Service Plans for Persons with Mental Retardation

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 34-B MRSA §5437, sub-§4, as enacted by PL 1985, c. 486, §2, is amended to read:

     4. Disbursement not to be approved. No A disbursement for client needs may not be approved for any service or activity not recommended by interdisciplinary a planning team or necessary to comply with regulations. No A disbursement may not be made unless evidence is provided that the expense is not reimbursable by the Medicaid Program. It is the intent of the Legislature that the contingency fund established in this section be the funding source of last resort.

     Sec. 2. 34-B MRSA §5461, sub-§7, as enacted by PL 1983, c. 459, §7, is repealed.

     Sec. 3. 34-B MRSA §5461, sub-§§8-B and 8-C are enacted to read:

     8-B. Personal planning process. "Personal planning process" means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. The type of plan, participants and agenda at the planning meeting must be selected by the client or guardian.

     8-C. Planning team. "Planning team" means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. The planning team may include family, friends, service providers, correspondents, advocates and others.

     Sec. 4. 34-B MRSA §5461, sub-§9, as enacted by PL 1983, c. 459, §7, is repealed.

     Sec. 5. 34-B MRSA §5461, sub-§10-A, as enacted by PL 1983, c. 580, §13, is amended to read:

     10-A. Service plan. "Service plan" means an annual written one type of plan resulting from the personal planning process for the delivery and coordination of specific services to a client when the following conditions exist:

     Sec. 6. 34-B MRSA §5462, sub-§1, ¶B, as amended by PL 1983, c. 580, §15, is repealed and the following enacted in its place:

     Sec. 7. 34-B MRSA §5463, as enacted by PL 1983, c. 459, §7, is amended to read:

§5463. Notice

     The commissioner shall provide the client, if he the client is competent,; the client's next of kin or guardian, if any exists,; and the client's advocate with timely written notice in advance of procedures and actions to be taken with respect to the development, implementation and assessment of prescriptive program personal plans and service plans.

     Sec. 8. 34-B MRSA §5465, sub-§2, ¶¶A and B, as enacted by PL 1983, c. 459, §7, are amended to read:

     Sec. 9. 34-B MRSA §5467, as amended by PL 1995, c. 560, Pt. K, §56, is further amended to read:

§5467. Application and preliminary procedures

     1. Application. An application for mental retardation services, on a form provided by the commissioner, must be initiated at or referred to a regional office of the department. Except for referrals identifying a possible need for adult protective services, the department shall accept only those referrals to which the client or client's guardian has consented.

     2. Preliminary procedures. Within 10 work days from the day of the department's receipt of the application and a permission for service form signed by the client or the client's guardian, the department shall:

     Sec. 10. 34-B MRSA §5468, first ¶, as enacted by PL 1983, c. 459, §7, is amended to read:

     After completing the tasks specified in section 5467, subsection 2, the commissioner shall forthwith cause a comprehensive evaluation of the client, including a consideration of physical, emotional, social and cognitive factors, to be conducted if a recent comprehensive and informative evaluation is not already available to the department.

     Sec. 11. 34-B MRSA §5469, sub-§2, ¶¶A and B, as enacted by PL 1983, c. 580, §20, are amended to read:

     Sec. 12. 34-B MRSA §5469, sub-§3, as amended by PL 1995, c. 560, Pt. K, §57, is further amended to read:

     3. Preschool child. If the report of the comprehensive evaluation concludes that a child, aged 0 to 5 years, is developmentally delayed and is in need of infant development services or other early intervention services:

     Sec. 13. 34-B MRSA §5470, as amended by PL 1983, c. 580, §21, is repealed.

     Sec. 14. 34-B MRSA §5470-A is enacted to read:

§5470-A. Personal planning process

     1. Process. The personal planning process must:

     Sec. 15. 34-B MRSA §5471, as amended by PL 1995, c. 560, Pt. K, §58, is further amended to read:

§5471. Service agreements

     1. Service agreement required. Each prescriptive program personal plan or service plan shall must be carried out pursuant to a written service agreement.

     2. Signatures. Each service agreement shall must be signed and dated by at least:

     3. Contents. Each service agreement shall agreement must include at least the following information.

     4. Implementation of service plan or personal plan. Implementation of a prescriptive program service plan or personal plan is governed as follows.

     5. Review. At least 30 days prior to the termination of a service agreement, an interdisciplinary team shall meet to assess the present prescriptive program plan and, if further services are recommended, to prepare a new plan.

     6. Amendment. Any major changes in a client's prescriptive program service plan or personal plan may occur only after the service agreement has been amended and signed by the persons specified in subsection 2.

     Sec. 16. 34-A MRSA §5473, sub-§1, as amended by PL 1995, c. 560, Pt. K, §59, is further amended to read:

     1. Respite care. Respite care may be provided to any client by a facility without full compliance with the procedures for admission by judicial certification under section 5475, if it is recommended by an interdisciplinary a planning team and a service agreement has been completed.

     Sec. 17. 34-B MRSA §5473, sub-§2, ¶C, as enacted by PL 1983, c. 459, §7, is amended to read:

     Sec. 18. 34-B MRSA §5475, sub-§2, ¶C, as amended by PL 1983, c. 580, §22, is further amended to read:

     Sec. 19. 34-B MRSA §5476, first ¶, as repealed and replaced by PL 1983, c. 580, §23, is amended to read:

     Any client recommended for admission to a mental retardation facility pursuant to section 5470 may be admitted by judicial commitment according to the following procedures.

     Sec. 20. 34-B MRSA §5478, sub-§3, ¶A, as enacted by PL 1983, c. 580, §26, is amended to read:

     Sec. 21. 34-B MRSA §5479, as enacted by PL 1983, c. 459, §7, is amended to read:

§5479.   Post-admission responsibilities of the department

     1. Provision of care and treatment. Post-admission care and treatment in a facility is governed as follows.

     2. Preparation for discharge. Preparation for a client's discharge from a facility is governed as follows.

     3. Role of the regional office. The role of the regional office under this section is as follows.

     Sec. 22. 34-B MRSA §5480, sub-§2, as enacted by PL 1983, c. 459, §7, is amended to read:

     2. Discharge. When a judicially certified client is prepared for discharge, under section 5479, subsection 2, he shall the client must be discharged if the regional office and the interdisciplinary planning team so recommend.

     Sec. 23. 34-B MRSA §5609, sub-§1, as amended by PL 1995, c. 560, Pt. K, §60, is further amended to read:

     1. Habilitation services. The department and the Department of Labor, through the Office of Rehabilitation Services, shall provide, to the extent of the resources available, for those habilitation and vocational rehabilitation services, defined in Title 26, section 1411-A, subsection 6, and any other service, including, but not limited to, supported employment, including work in rehabilitation facilities and work centers, as defined in Title 5, chapter l55, subchapter II 2; job coaching; transportation, recreational and leisure services; and respite or day programs designed in consultation with an interdisciplinary a planning team in order to make available to persons receiving services those services that are otherwise not obtainable, in the following order of priority:

All persons receiving services who are served under this program prior to their 26th birthday must be allowed to continue to receive services through the voucher system established by subsection 2.
For purposes of this section, an interdisciplinary a planning team includes the person receiving services and a member of the person's family or the guardian of the person receiving services.

     Sec. 24. 34-B MRSA §5609, sub-§2, as amended by PL 1995, c. 560, Pt. K, §61, is further amended to read:

     2. Payment for service. The department shall establish a voucher system to allow the interdisciplinary planning team to incorporate only those services determined critical and otherwise unavailable into a program, including work, habilitation and other services designated in subsection l, when appropriate. The department shall establish a limit on the amount of transitional services available to persons receiving services eligible for services under this section.

     Sec. 25. 34-B MRSA §6252, sub-§4, ¶A, as enacted by PL 1985, c. 503, §12, is amended to read:

Effective September 13, 2003, unless otherwise indicated.

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