S.P. 770 - L.D. 2071
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §20005, sub-§6, as amended by PL 1995, c. 560, Pt. L, §5 and affected by §16, is further amended to read:
6. Contracts and licensing. Through the director:
A. Administer all contracts with community service providers for the delivery of alcohol and drug abuse services; and
B. Establish operating and treatment standards and inspect and issue certificates of approval for approved treatment facilities, drug abuse treatment facilities or programs, including residential treatment centers, and community-based service providers pursuant to section 20024 and subchapter V.
The commissioner may delegate contract and licensing duties under this subsection to the Department of Human Services, the Department of Corrections or other divisions of the department as long as that delegation ensures that contracting for alcohol and other drug abuse services provided in community settings are consolidated within the Department of Human Services, that contracting for alcohol and other drug abuse services delivered within correctional facilities are consolidated within the Department of Corrections and that contracting for alcohol and other drug abuse services delivered within mental health and mental retardation facilities are consolidated within the department.
The commissioner may not delegate contract and licensing duties if that delegation results in increased administrative costs.
The commissioner may not issue requests for proposals for existing contract services until the commissioner has adopted rules in accordance with the Maine Administrative Procedure Act to ensure that the reasons for which existing services are placed out for bid and the performance standards and manner in which compliance is evaluated are specified and that any change in provider is accomplished in a manner that fully protects the consumer of services.
Any new contract must be awarded through a request-for-proposal procedure and 1/3 of the contracts of $100,000 per year or more that are renewed must be awarded through a request-for-proposal procedure at least every 2 years.
The commissioner shall establish a procedure to obtain assistance and advice from consumers of alcohol and other drug abuse services regarding the selection of contractors when requests for proposals are issued;
Effective June 30, 1998, unless otherwise indicated.
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