An Act To Address the Needs of Children with Intellectual Disabilities and Autism Spectrum Disorder
Sec. 1. 34-B MRSA c. 16 is enacted to read:
CHILDREN'S DEVELOPMENTAL SERVICES
§ 16001. Children's services
Sec. 2. Waiver application. No later than January 1, 2020, the Department of Health and Human Services shall apply for a waiver pursuant to Section 1915(c) of the United States Social Security Act to provide comprehensive home and community-based services to children up to 21 years of age with intellectual disabilities or autism spectrum disorder from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.
Sec. 3. Rulemaking. No later than 180 days after approval of the waiver pursuant to section 2, the Department of Health and Human Services shall adopt rules to implement the provision of services under the waiver as required in the Maine Revised Statutes, Title 34-B, section 16001, subsection 3.
Sec. 4. Contingent effective date. The section of this Act that enacts the Maine Revised Statutes, Title 34-B, chapter 16 takes effect upon approval of the waiver application required in section 2 and rulemaking required in section 3.
This bill requires the Department of Health and Human Services to apply for a home and community-based waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to provide services to children up to 21 years of age with intellectual disabilities or autism spectrum disorder. Services must be provided according to a care plan process that requires participation by the child's family. The care plan must address safety as the highest priority. The care plan must address the child's developmental, mental health, emotional, social, educational and physical needs in the least restrictive environment. Services must be clinically appropriate, be provided in a location as close to the child's home as possible, be provided in a timely manner and promote early identification and intervention. The department is directed to apply for the waiver no later than January 1, 2020. Upon approval of the waiver, the department is directed to adopt rules within 6 months. The rules are major substantive rules.