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PUBLIC LAWS OF MAINE
Second Special Session of the 118th

CHAPTER 778

H.P. 1543 - L.D. 2170

An Act to Implement the Recommendations of the Commission to Determine the Adequacy of Services to Persons with Mental Retardation

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

     Sec. 1. 20-A MRSA §7258, sub-§§1-A and 1-B are enacted to read:

     1-A. Care manager. Within 2 years before the date that a student with mental retardation, serious emotional disturbance or other developmental disabilities will graduate or finish school, the Department of Mental Health, Mental Retardation and Substance Abuse Services, in consultation with the pupil evaluation team of the school administrative unit, shall designate a case manager to participate in transition planning for that student. The case manager shall convene an adult services transition team, ensure interagency coordination and access to adult services, serve as a single contact person for the student transitioning into the adult services and attend pupil evaluation team meetings or provide relevant information to the pupil evaluation team for transition planning purposes.

     1-B. Annual report. Beginning January 1, 1999 and annually thereafter, the department, in conjunction with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding transition planning for the adult services system and the number of persons 16 years of age or older on waiting lists for services for persons with autism or mental retardation provided by or under the authority of the department and the Department of Mental Health, Mental Retardation and Substance Abuse Services.

     Sec. 2. Management information system. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall continue to develop and improve its management information system that collects data on persons receiving services, persons on waiting lists for services, persons making the transition from school-based services to adult services and the ages of persons receiving those services and on the waiting lists. The information collected must be distributed so that it is accessible and understandable to consumers, their families, service providers and policymakers. The management information system must provide families with information regarding planning, service options and support resources. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall report its progress to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.

     Sec. 3. Report on planning and budgeting. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall report on the implementation of adopting person-centered planning, in which services and supports are based on individual needs, choices and circumstances, as applied to all adult clients of the department requiring mental retardation services, and budgeting in accordance with those determinations. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall submit its report to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.

     Sec. 4. Improve public information and education. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall develop a plan to improve public information and provide a community education program concerning persons with mental retardation that includes information on grievance procedures. The department shall report its progress to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.

     Sec. 5. Encouraging fair compensation. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall take all necessary steps to encourage fair compensation for direct care workers employed by community mental retardation services providers, other than intermediate care facilities. The department shall study reimbursement methods for community mental retardation services providers, other than intermediate care facilities, including methods that provide cost-based reimbursement or cost-of-living increases. The department shall report its actions to encourage fair compensation for direct care workers and the results of its findings and any recommendations for action on cost-based

     reimbursement or cost-of-living increases to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.

     Sec. 6. Supplemental budget request. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall request funding in its 2000-2001 supplemental budget request to fund the cost-based reimbursement or cost-of-living salary increase for direct care workers employed by community mental retardation services providers, other than intermediate care facilities, at the amount recommended in the department's January 1, 1999 report to the joint standing committee of the Legislature having jurisdiction over health and human services matters.

Effective July 9, 1998, unless otherwise indicated.

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