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PUBLIC LAWS
First Special Session of the 122nd

PART S

     Sec. S-1. 36 MRSA §2551, sub-§1-B is enacted to read:

     1-B. Day habilitation services. "Day habilitation services" means services:

"Day habilitation services" includes only those services provided by designated agencies under a contract with the Department of Health and Human Services.

     Sec. S-2. 36 MRSA §2551, sub-§7-B is enacted to read:

     7-B. Personal support services. "Personal support services" means services provided to children or adults with mental retardation, including direct assistance with eating, bathing, dressing, personal hygiene and other activities of daily living. These services include only those services provided by designated agencies under a contract with the Department of Health and Human Services and:

     Sec. S-3. 36 MRSA §2551, sub-§13-A is enacted to read:

     13-A. Residential training services. "Residential training services" means services provided to children or adults with mental retardation to assist with the acquisition, retention or improvement of skills related to activities of daily living, such as personal grooming and cleanliness, household chores, eating and food preparation, and the social and adaptive skills necessary to enable the child or adult to live in a noninstitutional setting. Residential training services include only those services provided by designated agencies under a contract with the Department of Health and Human Services.

     Sec. S-4. 36 MRSA §2552, sub-§1, ¶G, as amended by PL 2005, c. 12, Pt. VV, §2, is further amended to read:

     Sec. S-5. 36 MRSA §2552, sub-§1, ¶H, as enacted by PL 2005, c. 12, Pt. VV, §3, is amended to read:

     Sec. S-6. 36 MRSA §2552, sub-§1, ¶¶I, J and K are enacted to read:

     Sec. S-7. 36 MRSA §2559, as amended by PL 2005, c. 12, Pt. VV, §4, is further amended to read:

§2559. Application of revenues

     Revenues derived by the tax imposed by this chapter must be credited to a General Fund suspense account. On or before the last day of each month, the State Controller shall transfer a percentage of the revenues received by the State Tax Assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A to F to the Local Government Fund as provided by Title 30-A, section 5681, subsection 5. The balance remaining in the General Fund suspense account must be transferred to service provider tax General Fund revenue. On or before the 15th day of each month, the State Controller shall transfer all revenues received by the assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs G and H to K to the Medical Care Services Other Special Revenue Funds account, the Other Special Revenue funds Funds Mental Health Services - Community Medicaid program, the Medicaid Services - Mental Retardation program and the Office of Substance Abuse - Medicaid Seed program within the Department of Health and Human Services.

     Sec. S-8. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
Medicaid Services - Mental Retardation 0705
Initiative: Reduces funding to be replaced by dedicated revenue from extending the service provider tax to include day habilitation, residential training and personal support services for persons with mental retardation.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($803,595)     ($797,258)
OTHER SPECIAL REVENUE
FUNDS     2005-06     2006-07

     __________     __________
OTHER SPECIAL REVENUE
FUNDS TOTAL               $9,750,000      $9,750,000

Mental Retardation Waiver - MaineCare 0987
Initiative: Reduces funding to be replaced by dedicated revenue from extending the service provider tax to include day habilitation, residential training and personal support services for persons with mental retardation.
GENERAL FUND     2005-06     2006-07

     __________     __________
GENERAL FUND TOTAL     ($5,377,905)     ($5,335,492)
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               $3,568,500     $3,617,250

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Medical Care - Payments to Providers 0147
Initiative: Provides funding for the federal match related to extending the service provider tax to include day habilitation, residential training and personal support services for persons with mental retardation.
FEDERAL EXPENDITURES FUND     2005-06     2006-07

     __________     __________
FEDERAL EXPENDITURES
FUND TOTAL               $6,181,500     $6,132,750

HEALTH AND HUMAN SERVICES,
DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS     2005-06     2006-07

     __________     __________
DEPARTMENT TOTAL -
ALL FUNDS               $6,181,500     $6,132,750

SECTION TOTALS     2005-06     2006-07

     __________     __________
SECTION TOTAL - ALL FUNDS     $9,750,000      $9,750,000

     Sec. S-9. Effective date. This Part takes effect July 1, 2005.

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