Sec. OO-1. 34-B MRSA §1001, sub-§4-A is enacted to read:
4-A. Office of advocacy. "Office of advocacy" means a private entity contracted with by the commissioner to perform the duties described in section 1205.
Sec. OO-2. 34-B MRSA §1205, as amended by 1995, c. 560, Pt. K, §18, is further amended to read:
1. Establishment. The Office of Advocacy is established within the Office of Advocacy and Consumer Affairs of the department commissioner shall contract with a private entity to perform the functions of an office of advocacy solely to investigate the claims of rights violations and grievances of clients of the department, to investigate with the Department of Human Services, as appropriate, all allegations of adult and child abuse in state institutions and to advocate on behalf of clients for compliance by any institution, other facility or agency administered, licensed or funded by the department to serve a client with all laws, administrative rules and institutional and other policies relating to the rights and dignity of clients.
1-A. Terms of contract. The commissioner may impose standards of contract performance upon the entity contracted to perform as the office of advocacy to ensure that the entity manages and accounts for contract funds appropriately, reports to the department on the results achieved for clients and represents all clients effectively and appropriately within the limits of state and federal law.
2. Chief advocate. A chief advocate shall direct and coordinate the program of the office.
A. The chief advocate shall report administratively to the commissioner and advise, consult with and inform the commissioner on the issues described in this section.
B. The chief advocate shall select other advocates needed to carry out the intent of this section who shall report only to the chief advocate.
C. Both the chief advocate and all other advocates shall be classified state employees.
3. Duties. The Office of Advocacy, through the chief advocate and the other advocates, office of advocacy shall:
A. Receive or refer complaints made by clients of the department and represent the interests of clients in any matter pertaining to the rights and dignity of clients;
B. Intercede on behalf of these clients with officials of the institutions, facilities and agencies administered, licensed or funded by the department, except that the Office of Advocacy office of advocacy may refuse to take action on any complaint which that it deems considers to be trivial or moot or for which there is clearly another remedy available;
C. Assist clients in any hearing or grievance proceeding of the department;
D. Refer clients to other agencies or entities for the purpose of advocating for the rights and dignity of these persons;
E. Act as an information source regarding the rights of all clients, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of the clients and about relevant legal decisions and other developments related to the field of mental health and mental retardation, both in this State and in other parts of the country; and
F. Make and publish reports necessary to the performance of the duties described in this section. The chief advocate office of advocacy may report findings of the office to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press, and may authorize the advocates in the Office of Advocacy to so communicate. At least annually, the chief advocate office of advocacy shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over mental health and mental retardation; and.
G. Negotiate joint working agreements with the Department of Human Services concerning procedures and respective responsibilities for conducting investigations in state institutions of allegations of abuse pursuant to the Child and Family Services and Child Protection Act, Title 22, chapter 1071.
4. Access to files and records. The Office of Advocacy, through the chief advocate and the other advocates, office of advocacy has access, limited only by the law, to the files, records and personnel of any institution, facility or agency administered, licensed or funded by the department. All persons with knowledge about an incident related to client care, including client-to-client assault, staff-to-client assault, client-to-staff assault, excessive use of seclusion or mechanical or chemical restraint, incidents stemming from questionable psychiatric and medical practice or any other alleged abuse or neglect, shall immediately report the details of that incident to the Office of Advocacy office of advocacy. A copy of any incident report shall must be provided to the Office of Advocacy office of advocacy by the person making the report.
5. Confidentiality. Requests for action shall must be treated confidentially as follows.
A. Any client request for action by the office of advocacy and all written records or accounts related to the request shall must be confidential as to the identity of the client.
B. The records and accounts may be released only as provided by law.
6. Definition. For the purposes of this section, "client" means a person included in the definition of client under section 1001, subsection 2, an adult or child receiving mental health, mental retardation or behavioral health services and a person seeking or requesting services as a client.
7. Protection for advocates. Advocates may not be disciplined or sanctioned for any actions taken on behalf of clients.
8. Budget. When submitting any budget request to the Legislature, the department and the Governor shall provide that any funds for contracting for the services of the Office of Advocacy office of advocacy be listed in a separate account.
Sec. OO-3. 34-B MRSA §5606, sub-§1, as amended by PL 1993, c. 326, §10, is further amended to read:
1. Report and investigation. Any alleged violation of the rights of a person receiving services must be reported immediately to the Office of Advocacy of the department office of advocacy pursuant to section 1205 and to the Attorney General's office.
A. The Office of Advocacy office of advocacy shall conduct an investigation of each alleged violation pursuant to section 1205.
B. The Office of Advocacy office of advocacy shall submit a written report of the findings and results of the investigation to the chief administrative officer of the facility in which the rights of the person receiving services were allegedly violated and to the commissioner within 2 working days after the day of the occurrence or discovery of the alleged incident.
Sec. OO-4. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (Formerly BDS)
Office of Advocacy 0632
Initiative: Deappropriates funds to reflect the privatization of the Office of Advocacy including the elimination of one Chief Advocate Mental Health and Mental Retardation position and 8 1/2 Advocate positions and the transfer of 3 Advocate positions. This request will reduce General Fund revenue by $433,010 in fiscal year 2006-07.
GENERAL FUND 2005-06 2006-07
POSITIONS -
LEGISLATIVE COUNT (0.000) (12.500)
Personal Services ($0) ($848,916)
All Other ($0) ($59,357)
__________ __________
GENERAL FUND TOTAL ($0) ($908,273)
Office of Advocacy 0632
Initiative: Appropriates funds to contract for advocacy services as a result of the privatization of the Office of Advocacy.
GENERAL FUND 2005-06 2006-07
All Other $0 $253,856
__________ __________
GENERAL FUND TOTAL $0 $253,856
Office of Management and Budget 0164
Initiative: Adjusts appropriations and transfers 3 Advocate positions as a result of the privatization of the Office of Advocacy. This will increase General Fund revenue by $96,782 in fiscal year 2006-07.
GENERAL FUND 2005-06 2006-07
POSITIONS -
LEGISLATIVE COUNT 0.000 3.000
Personal Services $0 $205,920
All Other $0 $7,500
__________ __________
GENERAL FUND TOTAL $0 $213,420
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF (Formerly BDS)
DEPARTMENT TOTALS 2005-06 2006-07
GENERAL FUND $0 ($440,997)
__________ __________
DEPARTMENT TOTAL -
ALL FUNDS $0 ($440,997)
Sec. OO-5. Effective date. This Part takes effect July 1, 2006.
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