CHAPTER 389
H.P. 1166 - L.D. 1593
An Act To Amend Laws Relating to Development of Service Plans for Persons with Mental Retardation
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §5437, sub-§4, as enacted by PL 1985, c. 486, §2, is amended to read:
4. Disbursement not to be approved. No A disbursement for client needs may not be approved for any service or activity not recommended by interdisciplinary a planning team or necessary to comply with regulations. No A disbursement may not be made unless evidence is provided that the expense is not reimbursable by the Medicaid Program. It is the intent of the Legislature that the contingency fund established in this section be the funding source of last resort.
Sec. 2. 34-B MRSA §5461, sub-§7, as enacted by PL 1983, c. 459, §7, is repealed.
Sec. 3. 34-B MRSA §5461, sub-§§8-B and 8-C are enacted to read:
8-B. Personal planning process. "Personal planning process" means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. The type of plan, participants and agenda at the planning meeting must be selected by the client or guardian.
8-C. Planning team. "Planning team" means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. The planning team may include family, friends, service providers, correspondents, advocates and others.
Sec. 4. 34-B MRSA §5461, sub-§9, as enacted by PL 1983, c. 459, §7, is repealed.
Sec. 5. 34-B MRSA §5461, sub-§10-A, as enacted by PL 1983, c. 580, §13, is amended to read:
10-A. Service plan. "Service plan" means an annual written one type of plan resulting from the personal planning process for the delivery and coordination of specific services to a client when the following conditions exist:
A. The client or guardian has waived the prescriptive program plan process chosen this type of plan over a personal plan; or
B. The prescriptive program plan process unnecessarily restricts the client's own ability to make decisions;
C. Another type of formal written program plan exists; or
D. The client has either a single service need or routine service coordination needs.
Sec. 6. 34-B MRSA §5462, sub-§1, ¶B, as amended by PL 1983, c. 580, §15, is repealed and the following enacted in its place:
B. The development of a personal plan or service plan for the delivery and coordination of services to the person through a personal planning process.
Sec. 7. 34-B MRSA §5463, as enacted by PL 1983, c. 459, §7, is amended to read:
The commissioner shall provide the client, if he the client is competent,; the client's next of kin or guardian, if any exists,; and the client's advocate with timely written notice in advance of procedures and actions to be taken with respect to the development, implementation and assessment of prescriptive program personal plans and service plans.
Sec. 8. 34-B MRSA §5465, sub-§2, ¶¶A and B, as enacted by PL 1983, c. 459, §7, are amended to read:
A. The membership, functions and procedures of the interdisciplinary planning teams;
B. The procedures to be used in developing prescriptive programs personal plans and service plans and service agreements;
Sec. 9. 34-B MRSA §5467, as amended by PL 1995, c. 560, Pt. K, §56, is further amended to read:
§5467. Application and preliminary procedures
1. Application. An application for mental retardation services, on a form provided by the commissioner, must be initiated at or referred to a regional office of the department. Except for referrals identifying a possible need for adult protective services, the department shall accept only those referrals to which the client or client's guardian has consented.
2. Preliminary procedures. Within 10 work days from the day of the department's receipt of the application and a permission for service form signed by the client or the client's guardian, the department shall:
A. Observe Determine when a visit to observe the client in his the client's current environment or other setting familiar and comfortable to the client will be appropriate and useful;
B. Obtain a brief family survey;
C. Make a preliminary assessment identification of the client's abilities and needs and of the relevant services presently available to the client; and
D. Ensure the client's access to an advocate throughout the process of mental retardation services under sections 5467 to 5474.;
E. Determine what information is needed to establish eligibility;
F. Provide services or referral for services to meet singular immediate needs for the client's health and safety; and
G. Begin to gather information for a service plan or a personal plan.
Sec. 10. 34-B MRSA §5468, first ¶, as enacted by PL 1983, c. 459, §7, is amended to read:
After completing the tasks specified in section 5467, subsection 2, the commissioner shall forthwith cause a comprehensive evaluation of the client, including a consideration of physical, emotional, social and cognitive factors, to be conducted if a recent comprehensive and informative evaluation is not already available to the department.
Sec. 11. 34-B MRSA §5469, sub-§2, ¶¶A and B, as enacted by PL 1983, c. 580, §20, are amended to read:
A. The department, through the regional office, shall determine the client's case management status and develop a prescriptive program personal plan or service plan, or both; and
B. If a prescriptive program plan is to be developed, the The department, through the interdisciplinary planning team, shall develop and begin to implement a prescriptive program personal plan or service plan for the client within 60 days of the application made under section 5467 within 45 days of the date of the determination of eligibility. Implementation of the plan is governed by section 5471, subsection 4.
Sec. 12. 34-B MRSA §5469, sub-§3, as amended by PL 1995, c. 560, Pt. K, §57, is further amended to read:
3. Preschool child. If the report of the comprehensive evaluation concludes that a child, aged 0 to 5 years, 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 personal plan or service plan, or both; and
B. If a prescriptive program personal plan is to be developed, the department, through the interdisciplinary planning team, shall develop and begin to implement a prescriptive program personal plan for the client within 60 days of the application made under section 5467.
Sec. 13. 34-B MRSA §5470, as amended by PL 1983, c. 580, §21, is repealed.
Sec. 14. 34-B MRSA §5470-A is enacted to read:
§5470-A. Personal planning process
1. Process. The personal planning process must:
A. Be understandable to the client and in plain language, and if the client is deaf or nonverbal, uses sign language or speaks another language, the process must include qualified interpreters;
B. Focus on the client's choice;
C. Reflect and be supportive of the client's goals and aspirations;
D. Be developed at the direction of the client and include people whom the client chooses to participate;
E. Be flexible enough to change as new opportunities arise;
F. Be reviewed according to a specified schedule and by a person designated for monitoring;
G. Include all of the needs and desires of the client without respect to whether those desires are reasonably achievable or the needs are presently capable of being addressed; and
H. Include a provision for ensuring the client's satisfaction with the quality of the plan and the supports that the client receives.
Sec. 15. 34-B MRSA §5471, as amended by PL 1995, c. 560, Pt. K, §58, is further amended to read:
1. Service agreement required. Each prescriptive program personal plan or service plan shall must be carried out pursuant to a written service agreement.
2. Signatures. Each service agreement shall must be signed and dated by at least:
A. The client, if he the client is able;
B. The client's guardian or next of kin, if that person exists and is available;
C. A client advocate, if the client has no guardian;
D. The individual program plan support coordinator of the interdisciplinary planning team which that developed the individual program personal plan or service plan for the client;
E. The regional director or designee of the appropriate regional office, if a client is being admitted to or discharged from a facility or if a client is under the supervision of the regional office;
F. The chief administrative officer of the facility or his the chief administrative officer's agent, if a client is being admitted to, treated in or discharged from a facility; and
G. The chief administrative officer, or his the chief administrative officer's agent, of other public or private agencies or groups which that agree to provide services to the client.
3. Contents. Each service agreement shall agreement must include at least the following information.
A. It shall must specify the respective responsibilities, where applicable, of the client, the family or guardian of the client, the regional office, the facility, and each public and private agency which that intends to provide services to the client.
B. It shall must identify by job classification or other description each individual who is responsible for carrying out each part of the prescriptive program service plan or personal plan.
C. It shall specify the date on which the review required in subsection 5 shall occur.
4. Implementation of service plan or personal plan. Implementation of a prescriptive program service plan or personal plan is governed as follows.
A. No part of a prescriptive program service plan or personal plan may be implemented until each person required to sign the service agreement under subsection 2 has signed it, except that if a client is to be admitted to a facility, the service agreement need not be completed until 5 days after the date of admission.
B. Any existing prescriptive program service plan or personal plan is considered to be in effect until all persons required to sign under subsection 2 have signed the new service agreement.
C. No prescriptive program A service plan or personal plan may not be in effect longer than one year and 2 weeks from the day on which the last person signed the service agreement for the plan.
5. Review. At least 30 days prior to the termination of a service agreement, an interdisciplinary team shall meet to assess the present prescriptive program plan and, if further services are recommended, to prepare a new plan.
6. Amendment. Any major changes in a client's prescriptive program service plan or personal plan may occur only after the service agreement has been amended and signed by the persons specified in subsection 2.
Sec. 16. 34-A MRSA §5473, sub-§1, as amended by PL 1995, c. 560, Pt. K, §59, is further amended to read:
1. Respite care. Respite care may be provided to any client by a facility without full compliance with the procedures for admission by judicial certification under section 5475, if it is recommended by an interdisciplinary a planning team and a service agreement has been completed.
A. The purpose of the respite care is for evaluation, diagnosis or other clearly stated and broadly defined therapeutic purposes of the client or his the client's family.
B. Respite care may be provided, upon application to the regional office of the department by the client, guardian or parent, for not more than 21 days at a time and not more than 60 days during any 12-month period.
C. Continuing placement in the facility beyond the time periods stated in paragraph B, if indicated, may be accomplished only upon full compliance with procedures described by this chapter.
Sec. 17. 34-B MRSA §5473, sub-§2, ¶C, as enacted by PL 1983, c. 459, §7, is amended to read:
C. An initial prescriptive program plan personal planning process has been developed according to section 5470.
Sec. 18. 34-B MRSA §5475, sub-§2, ¶C, as amended by PL 1983, c. 580, §22, is further amended to read:
C. Unless waived by a client and his the client's counsel, cause the client who is the subject of the proceeding to be examined by a professional.
(1) The client or his the client's counsel may choose the professional, if the professional he the client chooses is reasonably available.
(2) The professional may not be the same one who performed any part of the evaluation required under section 5468 or who participated in the development of the prescriptive program personal plan or service plan.
(3) Upon completion of the examination, the professional shall report to the court his the professional's opinion whether the client is mentally retarded and therefore requires treatment, stating his the professional's reasons for his the professional's opinion;
Sec. 19. 34-B MRSA §5476, first ¶, as repealed and replaced by PL 1983, c. 580, §23, is amended to read:
Any client recommended for admission to a mental retardation facility pursuant to section 5470 may be admitted by judicial commitment according to the following procedures.
Sec. 20. 34-B MRSA §5478, sub-§3, ¶A, as enacted by PL 1983, c. 580, §26, is amended to read:
A. A prescriptive program personal plan or service plan, as provided in section 5470, has been agreed to by the superintendent chief administrative officer of the facility and the guardian;
Sec. 21. 34-B MRSA §5479, as enacted by PL 1983, c. 459, §7, is amended to read:
§5479. Post-admission responsibilities of the department
1. Provision of care and treatment. Post-admission care and treatment in a facility is governed as follows.
A. An initial service agreement for services to be received in the facility shall must be executed within 5 days of admission and shall must include a date, within 30 days of the client's admission to the facility, for a meeting of the persons who signed the agreement to assess and, if necessary, refine the client's prescriptive program personal plan or service plan.
B. While residing in the facility, the client shall must receive care, treatment and services only according to the procedures set forth in this section and in sections 5470 and section 5471.
2. Preparation for discharge. Preparation for a client's discharge from a facility is governed as follows.
A. When an interdisciplinary a planning team finds that the client may be ready for discharge and determines that temporary placement of the client in the community is required to assist in its evaluation of the client, the team may recommend that placement and shall develop a prescriptive program personal plan or service plan and service agreement which shall that must include provisions to ensure that:
(1) The client's money is adequately managed;
(2) The client has a legal representative, if required;
(3) The client receives needed services in the community; and
(4) The client's parent or guardian, if available, continues to be involved with the client.
B. The chief administrative officer of the facility may release the client pursuant to such a recommendation for community placement through the regional office.
3. Role of the regional office. The role of the regional office under this section is as follows.
A. The regional office which that will have responsibility for the client shall must be included in the preparation of the prescriptive program personal plan or service plan and service agreement specified in subsection 2.
B. The regional office shall be is responsible for implementing the client's release.
C. The regional office shall, along with the other members of the interdisciplinary planning team, evaluate the success of the client's reintegration into the community and shall assist in obtaining the client's discharge when assured that the provisions of the prescriptive program personal plan or service plan and service agreement have been met.
Sec. 22. 34-B MRSA §5480, sub-§2, as enacted by PL 1983, c. 459, §7, is amended to read:
2. Discharge. When a judicially certified client is prepared for discharge, under section 5479, subsection 2, he shall the client must be discharged if the regional office and the interdisciplinary planning team so recommend.
Sec. 23. 34-B MRSA §5609, sub-§1, as amended by PL 1995, c. 560, Pt. K, §60, is further amended to read:
1. Habilitation services. The department and the Department of Labor, through the Office of Rehabilitation Services, shall provide, to the extent of the resources available, for those habilitation and vocational rehabilitation services, defined in Title 26, section 1411-A, subsection 6, and any other service, including, but not limited to, supported employment, including work in rehabilitation facilities and work centers, as defined in Title 5, chapter l55, subchapter II 2; job coaching; transportation, recreational and leisure services; and respite or day programs designed in consultation with an interdisciplinary a planning team in order to make available to persons receiving services those services that are otherwise not obtainable, in the following order of priority:
A. Those persons receiving services who are living at home or in unsubsidized foster care who are between 20 and 26 years of age and are not receiving any day program; and
B. All other persons receiving services who are between 20 and 26 years of age and are not receiving an appropriate day program.
All persons receiving services who are served under this program prior to their 26th birthday must be allowed to continue to receive services through the voucher system established by subsection 2.
For purposes of this section, an interdisciplinary a planning team includes the person receiving services and a member of the person's family or the guardian of the person receiving services.
Sec. 24. 34-B MRSA §5609, sub-§2, as amended by PL 1995, c. 560, Pt. K, §61, is further amended to read:
2. Payment for service. The department shall establish a voucher system to allow the interdisciplinary planning team to incorporate only those services determined critical and otherwise unavailable into a program, including work, habilitation and other services designated in subsection l, when appropriate. The department shall establish a limit on the amount of transitional services available to persons receiving services eligible for services under this section.
Sec. 25. 34-B MRSA §6252, sub-§4, ¶A, as enacted by PL 1985, c. 503, §12, is amended to read:
A. When considered necessary by an interdisciplinary a planning team and with the consent of the director, persons may be admitted to the Elizabeth Levinson Center short-term evaluation program for a period of 40 program days, excluding weekends, without certification.
Effective September 13, 2003, unless otherwise indicated.
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