LD 1231
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LD 1231 Title Page An Act to Provide an Advocate Program for Disabled Persons in Court-like Procee... Page 2 of 2
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LR 1492
Item 1

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

 
Sec. 1. 22 MRSA §3-E is enacted to read:

 
§3-E.__Advocate program for disabled persons

 
1.__Advocate program established.__There is established in the
Bureau of Health an advocate program to provide assistance to
disabled persons.

 
2.__Disabled person.__For purposes of this section, "disabled
person" means a person who is a disabled individual as defined in
Title XVI of the United States Social Security Act, Section 1614,
as amended.

 
3.__Disabled person's right to advocacy services.__Each
disabled person who is a resident of this State is entitled to
advocacy services pursuant to subsection 5.

 
4.__Advocates.__The department shall hire advocates, subject
to the Civil Service Law, who must be qualified by experience and
training.

 
A.__The minimum qualifications for employment as an advocate
must include the following:

 
(1)__A 6-year combination of appropriate experience,
education and training in advocacy or dispute
resolution;

 
(2)__Knowledge of administrative, adjudicatory or
health care laws, rules and procedures;

 
(3)__Knowledge of legal documents, court procedures and
rules of evidence; and

 
(4)__Knowledge of medical and legal terminology and
practices with respect to health care.

 
B.__The department shall ensure that advocates receive
appropriate and ongoing education and training.

 
5.__Duties of advocates.__An advocate has the following
duties:

 
A.__Assisting a disabled person in matters regarding claims
relating to health care including negotiations;

 
B.__Assisting and advocating on behalf of a disabled person
in any mediation or hearing proceeding under the
jurisdiction of the department; and

 
C.__Maintaining confidentiality of information and


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