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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. |
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| | 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. |
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| A. The department, through the regional office, shall | develop a prescriptive program plan or service plan, or | both; and |
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| 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. |
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| | 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: |
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| A. The department, through the regional office, shall | develop a prescriptive program plan or service plan, or | both; and |
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| 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. |
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| | Sec. 48. 34-B MRSA §5469-A is enacted to read: |
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| | 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. |
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| | 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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