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PUBLIC LAWS OF MAINE
Second Regular Session of the 118th

PART N

     Sec. N-1. PL 1997, c. 24, Pt. VV, §§10 and 12 are amended to read:

     Sec. VV-10. Funding. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, for the period beginning with the fiscal year ending June 30, 1997, the State Controller shall transfer, equally, to the Community Development Fund-MH, Community Development Fund-MR and Community Development Fund-Children General Fund programs, all available appropriation balances within the Administration - MH&MR, Office of Advocacy - Mental Health and Mental Retardation, Aroostook Residential Center, Bath Children's Home Augusta Mental Health Institute, Bangor Mental Health Institute, Freeport Towne Square, and Elizabeth Levinson Center and Pineland Center programs that would otherwise lapse to the General Fund.

     Sec. VV-12. Managed care. The Department of Human Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services are authorized to seek all necessary approvals to establish a managed care capitation service program within the Department of Mental Health, Mental Retardation and Substance Abuse Services as agreed upon in a Memorandum of Understanding signed by the commissioners of the 2 departments. The state share of the costs are is authorized to be funded by the Mental Health Services - Community Medicaid, Medicaid Services - Mental Retardation Services - Community, Mental Health Services - Children Child Medicaid and Office of

     Substance Abuse - Medicaid Seed programs within the Department of Mental Health, Mental Retardation and Substance Abuse Services. The federal share of the costs are is authorized to be funded by the Medical Care - Payments to Providers program within the Department of Human Services.

     Sec. N-2. Bangor Mental Health Institute positions. If the Department of Mental Health, Mental Retardation and Substance Abuse Services proposes a change to the listing of positions at the Bangor Mental Health Institute that are, as of the effective date of this Part, scheduled for elimination, a copy of which listing is on file at the Bureau of the Budget and the Office of Fiscal and Program Review, and that change affects a position title or an effective date of elimination of any position on that listing, then the Superintendent of the Bangor Mental Health Institute must justify such changes to an ad hoc advisory panel composed of the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services or the commissioner's designee, a member of the Alliance for the Mentally Ill of Maine and a Legislator who is a member of the joint standing committee of the Legislature having jurisdiction over health and human services matters to show that a position is vacant and elimination of that vacant position will save a layoff. All changes must be submitted, in writing, to the Bureau of the Budget and the Office of Fiscal and Program Review at least one month before the effective date of this proposed change. All changes must generate savings equal to or greater than the savings from the position listed for elimination.

     Sec. N-3. Dental clinic. Notwithstanding the Maine Revised Statutes, Title 5, section 1665 or any other provision of law, the Department of Mental Health, Mental Retardation and Substance Abuse services is authorized to include in the fiscal year 2000 and 2001 biennial base budget for the Bangor Mental Health Institute and the Bangor Mental Health Institute-Disproportionate Share programs costs associated with operating a hospital outpatient dental clinic in Aroostook County. The cost may not exceed $30,000 from the General Fund and $60,000 from Other Special Revenue. Fiscal year 1998 Bangor Mental Health, Bangor Mental Health-Disproportionate Share, Mental Health Services-Community or Mental Health Services-Community Medicaid program carried balances must cover costs associated with fiscal year 1999.

     Sec. N-4. Bangor Mental Health Institute; licensed capacity. The Superintendent of the Bangor Mental Health Institute must consolidate the Program on Aging into units K-1 and K-2. The department shall maintain 7 units at the Bangor Mental Health Institute, at least one of which must be an acute admissions unit; except that, if any unit remains unused for a period of 30 consecutive days, the department is authorized to close that unit. The hospital shall maintain a minimum of 120 licensed beds.

     This section is repealed June 1, 1999.

     Sec. N-5. Strategic plan. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall submit a strategic plan to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters by December 15, 1998 that does the following.

     1. The strategic plan must provide a comprehensive analysis of adult community mental health needs in the catchment area of the Bangor Mental Health Institute. The analysis must identify the population by age, area of residence and service need, must include input from local officials and must include a plan to meet the mental health service needs of the identified population through community-based resources.

     2. The strategic plan must provide a comprehensive plan for the Bangor Mental Health Institute that includes the number of beds in the facility and the levels and types of care for the beds, staffing levels and services provided, as well as time frames for accomplishing any proposed changes. The plan must include provisions for the use of the buildings and grounds that are compatible with the continued operation of the institute.

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