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PUBLIC LAWS OF MAINE
First Regular Session of the 119th

PART P

     Sec. P-1. Department of Mental Health, Mental Retardation and Substance Abuse Services; rename programs. Programs in the Department of Mental Health, Mental Retardation and Substance Abuse Services are renamed as follows: "Regional Administration" to "Regional Operations" and "Administration - Mental Health and Mental Retardation" to "Office of Management and Budget."

     Sec. P-2. Department of Mental Health, Mental Retardation and Substance Abuse Services; limited-period positions. Notwithstanding any other provision of law, the Department of Mental Health, Mental Retardation and Substance Abuse Services is authorized to establish in the Mental Health Services - Children program the following limited-period positions: one Psychologist II position, one Data Control Specialist position and 3 Nurse III positions in order to provide utilization review of the gatekeeping system for children's services. These positions must be funded using balances brought forward from fiscal year 1998-99 in the Mental Health Services - Children, Mental Health Services - Child Medicaid, Mental Health Services - Community, Mental Health Services - Community Medicaid, Mental Retardation Services - Community or Medicaid Services - Mental Retardation programs. These positions will end on June 16, 2001 unless extended through legislative approval. This request will generate $88,538 in General Fund undedicated revenue in fiscal year 1999-00 and $91,292 in fiscal year 2000-01.

     Sec. P-3. Department of Mental Health, Mental Retardation and Substance Abuse Services; cost settlements. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Department of Mental Health, Mental Retardation and Substance Abuse Services shall seek reimbursement of expenditures under Medicaid Title XIX for cost settlements due the department from private nonmedical institutions. Revenue from any such reimbursement must be deposited in Mental Health Services - Community or Mental Health Services - Children Other Special Revenue accounts for the purpose of community development. The allotment of available funds must be implemented by financial order contingent upon the recommendation of the State Budget Officer and approval of the Governor and upon review by the Joint Standing Committee on Appropriations and Financial Affairs. The financial order must include a plan outlining how these funds will be expended and what effect, if any, such expenditure would have on future appropriations. This financial order takes effect upon approval by the Governor. The authority granted in this section terminates on January 31, 2000 unless specifically extended by the Legislature. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall submit a report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services by January 14, 2000 that summarizes cost settlement payments that have occurred prior to that date along with an estimate of payments projected through June 30, 2000.

     Sec. P-4. Carrying balance. Any balance remaining on June 30, 1999 in the Mental Health Services - Community, Mental Retardation Services - Community and Mental Health Services - Children accounts may not lapse but must be carried forward to June 30, 2000 to be used for community development. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services by January 14, 2000 concerning the amounts carried forward from June 30, 1999 and how those resources were used in fiscal year 1999-00.

     Sec. P-5. Appropriation and position transfer. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services, as an interim strategy to reduce the size of the Augusta Mental Health Institute and the Bangor Mental Health Institute, is authorized by financial order to transfer positions to the Mental Health Services - Community program and to transfer available balances of appropriations and allocations between line categories and accounts within Augusta Mental Health Institute, Disproportionate Share - Augusta Mental Health Institute; Bangor Mental Health Institute, Disproportionate Share - Bangor Mental Health Institute; and Mental Health Services - Community programs as the positions and funds become available through the reduction in size of the Augusta Mental Health Institute and the Bangor Mental Health Institute. The net amount to be transferred from the Augusta Mental Health Institute to the Mental Health Services - Community program in fiscal years 1999-00 and 2000-01 may not be less than $300,000 per year to be used for the purpose of funding a safe house for trauma victims in southern Maine. Positions and funding from the Augusta Mental Health Institute budget must be transferred as needed for reassignment to support services consistent with the Augusta Mental Health Institute Consent Decree Plan. Positions transferred by financial order during fiscal year 1999-00 terminate on March 31, 2000 unless extended through legislative approval. Positions transferred by financial order during fiscal year 2000-01 terminate on May 31, 2001 unless extended through legislative approval. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall report to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services by January 14, 2000 summarizing the financial transactions taken to implement this section along with the department's assessment of the effectiveness of the safe house.

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