Sec. A-1. 22-A MRSA is enacted to read:
TITLE 22-A
HEALTH AND HUMAN SERVICES
SUBTITLE 1
DEPARTMENT OF HEALTH AND HUMAN SERVICES
CHAPTER 1
DEPARTMENTAL ORGANIZATION AND OPERATION
SUBCHAPTER 1
GENERAL PROVISIONS
As used in this Title, unless the context otherwise indicates, the following terms have the following meanings.
1. Commissioner. "Commissioner" means the Commissioner of Health and Human Services.
2. Department. "Department" means the Department of Health and Human Services.
3. Seal. The department has an official seal which must be judicially noticed.
SUBCHAPTER 2
ORGANIZATION
1. Establishment. The Department of Health and Human Services is established as a cabinet-level department.
2. Bureau and divisions. The department consists of the bureaus and divisions necessary to carry out the work of the department.
§202. Mission; guiding principles
1. Mission. The mission of the department is to provide health and human services to the people of Maine so that all persons may achieve and maintain their optimal level of health and their full potential for economic independence and personal development. Within available funds, the department shall provide supportive, preventive, protective, public health and intervention services to children, families and adults, including the elderly and adults with disabilities. The department shall endeavor to assist individuals in meeting their needs and families in providing for the developmental, health and safety needs of their children, while respecting the rights and preferences of the individual or family.
2. Guiding principles. The following principles are adopted to guide the department. In the performance of its duties, the department shall strive to:
A. Improve the health and well-being of Maine residents, with this goal guiding all decisions, programs and services of the department;
B. Treat consumers with respect and dignity;
C. Treat service providers with professionalism and collegiality;
D. Value and support department staff as the critical connection to the consumer;
E. Involve consumers, providers, advocates and staff in long-term planning;
F. Use relevant, meaningful data and objective analyses of population-based needs in program planning, decision making and quality assurance; and
G. Deliver services that are individualized, family-centered, easily accessible, preventive, independence-oriented, interdisciplinary, collaborative, evidence-based and consistent with best practices.
§203. Programs and services of department
The department shall, as appropriate to the individual and family and as permitted by the availability of funds, provide programs and services as specified in this section and otherwise by law.
1. Programs and services for adults, children and families. The department shall provide adults, children and families with the following programs and services:
A. Economic assistance and employment support services;
B. Mental health and behavioral health services;
C. Mental retardation and developmental disability services;
D. Physical health services;
E. Public health services; and
F. Substance abuse prevention and treatment services.
2. Additional programs and services for children and families. The department shall provide children and families with additional programs and services to assist them in meeting their needs, including, but not limited to:
A. Child welfare services;
B. Head Start and child care services;
C. Maternal and child health services, including home visiting programs;
D. Paternity establishment and child support enforcement services; and
E. Residential and long-term care services for children with disabilities.
3. Additional programs and services for adults. The department shall provide adults, including the elderly and persons with disabilities, with additional programs and services to assist them in meeting their needs, including, but not limited to:
A. Adult protective services; and
B. Long-term care services for the elderly and adults with disabilities.
4. Delivery of programs and services. The department shall deliver programs and services through a coordinated and efficient administrative structure and an integrated delivery system that focuses on meeting the needs of individuals and families. The department shall use a combination of public personnel and contracts with private agencies to deliver programs and services.
The department is under the control and supervision of the Commissioner of Health and Human Services, who reports directly to the Governor.
1. Appointment. The Governor shall appoint the commissioner, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and confirmation by the Senate. The commissioner serves at the pleasure of the Governor.
2. Vacancy; deputy commissioner. A vacancy in the office of the commissioner must be filled as follows.
A. Any vacancy of the commissioner's position must be filled in accordance with Title 5, section 1.
B. The commissioner shall appoint one of the department's deputy commissioners to perform the duties of the commissioner, in addition to the duties of that deputy commissioner, during the commissioner's temporary absence or disability.
§205. Powers and duties of commissioner
The commissioner has all of the powers and duties necessary to carry out the mission and responsibilities of the department.
1. Administration. The commissioner shall administer the department in accordance with the requirements of this Title and shall fulfill the duties prescribed to the commissioner by state and federal law.
2. Rulemaking. The commissioner shall adopt rules to implement this Title. Rules adopted pursuant to this subsection are routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, unless otherwise specified.
3. Employees. The commissioner may employ personnel as necessary to carry out the work of the department. All personnel of the department are under the immediate supervision, direction and control of the commissioner. Department personnel must be employed subject to the Civil Service Law, except for deputy commissioners, associate commissioners, assistant deputy commissioners, bureau directors, the director of legal affairs, regional directors, the director of Bangor Mental Health Institute and the director of Riverview Psychiatric Center.
4. Appointments. The commissioner may appoint deputy commissioners, associate commissioners, assistant deputy commissioners, bureau directors, the director of legal affairs, regional directors, the director of Bangor Mental Health Institute and the director of Riverview Psychiatric Center, who serve at the pleasure of the commissioner. These positions are unclassified, major policy-influencing positions as specified in Title 5, sections 931 and 946-A. A bureau director appointed pursuant to this subsection must have educational qualifications and professional experience directly related to the functions of and services provided by the bureau.
Sec. A-2. Quarterly report; rulemaking. Beginning October 1, 2004, the Commissioner of Health and Human Services shall provide the joint standing committee of the Legislature having jurisdiction over health and human services matters with a quarterly report that summarizes rule-making activity of the Department of Health and Human Services.
Sec. A-3. Bureau structure; restriction. The Commissioner of Health and Human Services may not establish a bureau structure for the new department until that structure has been approved by the 122nd Legislature.
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