LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
321
JUNE 22, 2021 PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1104 - L.D. 1490
An Act To Improve Home and Community-based Services for Adults with
Intellectual Disabilities, Autism, Brain Injury and Other Related Conditions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 34-B MRSA §5003-A, sub-§1, as amended by PL 2011, c. 542, Pt. A, §83,
is further amended to read:
1. System of care services and support. The Legislature declares that the system of
care services and support through which the State provides services to and programs for
persons with intellectual disabilities or autism must be designed to protect the integrity of
the legal and human rights of these persons and to meet their needs consistent with the
principles guiding delivery of services as set forth in section 5610.
Sec. 2. 34-B MRSA §5003-A, sub-§2, ¶E, as amended by PL 2011, c. 542, Pt. A,
§83, is further amended to read:
E. Eliminate the department's own duplicative and unnecessary administrative
procedures and practices in the system of care services and support for persons with
intellectual disabilities or autism, encourage other departments to do the same and
clearly define areas of responsibility in order to use present resources economically;
Sec. 3. 34-B MRSA §5003-A, sub-§2, ¶F, as amended by PL 2011, c. 542, Pt. A,
§83, is further amended to read:
F. Strive toward having a sufficient number of personnel who are qualified and
experienced to provide treatment that is beneficial to persons with intellectual
disabilities or autism; and
Sec. 4. 34-B MRSA §5003-A, sub-§2, ¶G, as amended by PL 2011, c. 542, Pt. A,
§83, is further amended by amending subparagraph (3) to read:
(3) The commissioner shall inform the joint standing committee of the Legislature
having jurisdiction over human resources matters about areas where increased
cooperation by other departments is necessary in order to improve the delivery of
services to persons with intellectual disabilities or autism.; and
Sec. 5. 34-B MRSA §5003-A, sub-§2, ¶H is enacted to read:
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 H. Post quarterly reports on the department’s publicly accessible website, for each
home and community-based services waiver from the United States Department of
Health and Human Services, Centers for Medicare and Medicaid Services in which the
State participates, data on how many persons were served and how many were on the
waiting list for services. The department shall post this information by prioritization
category when applicable and shall include one or more indicators of the length of time
that persons are on the waiting list.
Sec. 6. 34-B MRSA §5003-A, sub-§3, ¶H, as amended by PL 2011, c. 542, Pt. A,
§83, is further amended to read:
H. The commissioner must shall ensure that the development of the plan includes the
participation of persons with intellectual disabilities, autism, brain injury and other
related conditions; community intellectual disability and autism service providers,;
consumer and family groups; and other interested persons or groups in annual statewide
hearings, as well as informal meetings and work sessions. The commissioner shall
ensure the participation of persons reflecting a diversity of ethnicity, race and gender.
Sec. 7. 34-B MRSA §5003-A, sub-§6, ¶A, as enacted by PL 2007, c. 356, §16
and affected by §31, is amended by amending subparagraph (4) to read:
(4) The system of care services and support under this section is efficient and
effective.
Sec. 8. 34-B MRSA §5003-A, sub-§7 is enacted to read:
7. Committee authorized to introduce legislation. The joint standing committee of
the Legislature having jurisdiction over health and human services matters is authorized to
introduce a bill in each first regular session of the Legislature and a bill in each second
regular session of the Legislature to address the system of services and support for persons
with intellectual disabilities or autism.
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Statutes affected:
Bill Text LD 1490, HP 1104: 34-B.5003, 34-B.5610
Bill Text ACTPUB , Chapter 321: 34-B.5003