LD 2212
pg. 20
Page 19 of 23 An Act to Revise Laws Regarding Persons with Mental Retardation Page 21 of 23
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LR 1093
Item 1

 
materials provided to persons served by the department, as well as
to guardians and allies.__It must be included in personal plans as
well as in other documents where there is a denial of services to
persons served by the department.__It must be written in simple and
easily understood language.

 
3.__Training.__Departmental staff must receive regular
training in the appeal and grievance process.

 
4.__Rulemaking.__The department shall fully establish the
grievance and appeal process through rulemaking by December 31,
1999.__The rules are routine technical rules in accordance with
Title 5, chapter 375, subchapter II-A and must include, but are
not limited, strict time frames for the resolution of grievances
filed by persons served by the department.

 
Sec. 49. 34-B MRSA §5470, as amended by PL 1983, c. 580, §21, is
repealed.

 
Sec. 50. 34-B MRSA §5470-A is enacted to read:

 
§5470-A.__Personal planning

 
1.__Right to personal planning.__A person who is eligible for
services must be afforded the opportunity to engage in a personal
planning process.

 
2.__Process.__The personal planning process is an ongoing
process, one that neither begins nor ends with a meeting with the
person.__The planning process must include participants chosen by
the person.__The planning process may include the person's
guardian and individual support coordinator.__The planning
process may also include participation or input by friends,
service providers, advocates and others.__Needs that the person
may not want to address, but that need to be addressed because of
concerns for the person's health, safety or welfare, will be
identified through the planning process in a way that is both
respectful of the person and involves the person to the degree
possible.

 
3.__Action plan.__The personal planning process must include
an action plan that describes the services to be provided, the
process of providing the services and who is responsible for
overseeing the provision of the services.

 
4.__Review of personal plan.__The person with mental
retardation or autism or another member of the planning team may
initiate a review of the person's plan, whenever a review is
needed.


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