Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR);
2001, C. 354, §3 (AMD)
Chapter 3: MENTAL HEALTH
Subchapter 3: COMMUNITY MENTAL HEALTH SERVICES HEADING: PL 1987, C. 349, §20 (RPR)
Article 1: GENERAL PROVISIONS HEADING: PL 1987, C. 349, §20 (RPR)
§3604. Commissioner's powers
1.Provision of services.
The commissioner may provide mental health services throughout the State and for
that purpose may cooperate with other state agencies, municipalities, persons, unincorporated
associations and nonstock corporations.
1983, c. 459, §7 (NEW)
The commissioner may receive and use for the purpose of this subchapter money appropriated
by the State, grants by the Federal Government, gifts from individuals and gifts from
any other sources.
1983, c. 459, §7 (NEW)
The commissioner may make grants of funds to any state or local governmental unit,
or branch of a governmental unit, or to a person, unincorporated association or nonstock
corporation, which applies for the funds, to be used in the conduct of its mental
A. The programs administered by the person or entity shall provide for adequate standards
of professional services in accordance with state statutes. [1983, c. 580, §8 (RPR).]
B. The commissioner may require the person or entity applying for funds to produce
evidence that appropriate local, governmental and other funding sources have been
sought to assist in the financing of its mental health services. [1983, c. 580, §8 (RPR).]
C. After negotiation with the person or entity applying for funds, the commissioner
may execute a contract or agreement for the provision of mental health services which
reflects the commitment by the person or entity of local, governmental and other funds
to assist in the financing of its mental health services. [1983, c. 580, §8 (NEW).]
D. Beyond the commissioner's assuring through program monitoring and auditing activities
that an equitable distribution of the funds committed by contract or agreement to
assist in the financing of mental health services are actually provided, it shall
be the prerogative of the person or entity providing services to apportion other nonstate
funds in an appropriate manner in accordance with its priorities, service contracts
and applicable provisions of law. [1983, c. 580, §8 (NEW).]
E. Any new contract must be awarded through a request-for-proposal procedure and any
contract of $500,000 per year or more that is renewed must be awarded through a request-for-proposal
procedure at least every 8 years, except for the following.
(1) A renewal contract with a provider is not subject to the request-for-proposal
procedure requirement if the contract granted under this subsection is performance
(2) Notwithstanding subparagraph (1), the department shall subject a contract to
a request-for-proposal procedure when necessary to comply with paragraph G. [1997, c. 381, §2 (AMD).]
F. The commissioner shall establish a procedure to obtain assistance and advice from
consumers of mental health services regarding the selection of contractors when requests
for proposals are issued. [1991, c. 452, §1 (NEW).]
G. A contract under this subsection that is subject to renewal must be awarded through
a request-for-proposal procedure if the department determines that:
(1) The provider has breached the existing contract;
(2) The provider has failed to correct deficiencies cited by the department;
(3) The provider is inefficient or ineffective in the delivery of services and is
unable or unwilling to improve its performance within a reasonable time; or
(4) The provider can not or will not respond to a reconfiguration of service delivery
requested by the department. [1993, c. 624, §2 (NEW).]
1997, c. 381, §2 (AMD)
4.Cooperative planning required; grant recipients and correctional authorities.
As a condition for receipt of state mental health funding, providers of community
mental health services to persons with serious mental illness shall develop with state
and local correctional authorities cooperative plans for the provision of services
to those persons. These plans must include at least the following:
A. Procedures for timely referral of persons with serious mental illness to community-based
mental health services; [1995, c. 431, §3 (NEW).]
B. Provision for the treatment and support of persons with serious mental illness in
correctional facilities and commitment of funds within available resources; and [1995, c. 431, §3 (NEW).]
C. Procedures for referrals of individuals with serious mental illness to local providers
of comprehensive mental health services following release from correctional facilities,
including mechanisms for developing comprehensive treatment plans before the release
from correctional facilities of persons with serious mental illness. [1995, c. 431, §3 (NEW).]
Providers of community mental health services and other public providers of comprehensive
services to persons with serious mental illness that fail to participate in the development
of plans to serve this population are not eligible for state funding for the provision
of mental health services.
1995, c. 431, §3 (NEW)
Beginning October 1, 1996, an entity that applies for the award or renewal of a
grant or contract for the provision of mental health services must be a participating
member of the community service network, as established in section 3608, for the region of
the State subject to that grant or contract.
2013, c. 132, §2 (AMD)
1983, c. 459, §7 (NEW).
1983, c. 580, §8 (AMD).
1991, c. 452, §1 (AMD).
1993, c. 624, §§1,2 (AMD).
1995, c. 431, §3 (AMD).
1995, c. 691, §6 (AMD).
1997, c. 381, §2 (AMD).
2007, c. 286, §5 (AMD).
2013, c. 132, §2 (AMD).
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