LD 2212
pg. 19
Page 18 of 23 An Act to Revise Laws Regarding Persons with Mental Retardation Page 20 of 23
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LR 1093
Item 1

 
not mentally retarded without mental retardation or autism, the
department shall deny the application for services, care and
treatment, but shall make appropriate referrals in cases where
clear needs of the client applicant exist.

 
2. Person with mental retardation or autism. If the
comprehensive evaluation concludes that the client is mentally
retarded and is in need of services: applicant is a person with
mental retardation or autism, the department, through the
regional office, shall offer to that person a process to identify
needs through personal planning or any other assessment of the
person's needs.

 
A. The department, through the regional office, shall
develop a prescriptive program plan or service plan, or
both; and

 
B. If a prescriptive program plan is to be developed, the
department, through the interdisciplinary team, shall
develop and begin to implement a prescriptive program plan
for the client within 60 days of the application made under
section 5467.

 
3. Preschool child. If the report of the comprehensive
evaluation concludes that a child, aged 0 from birth to 5 years
of age, is developmentally delayed and is in need of infant
development services or other early intervention services:

 
A. The department, through the regional office, shall
develop a prescriptive program plan or service plan, or
both; and

 
B. If a prescriptive program plan is to be developed, the
department, through the interdisciplinary team, shall
develop and begin to implement a prescriptive program plan
for the client within 60 days of the application made under
section 5467.

 
Sec. 48. 34-B MRSA §5469-A is enacted to read:

 
§5469-A.__Appeal

 
1.__Rights.__Any denial of an application or request for
services may be administratively appealed through the
department's appeal and grievance process established pursuant to
section 1203, subsection 4.

 
2.__Notice.__The department shall provide regular notice of
the availability of this process to persons served by the
department.__This notice must be included in informational


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