Maine Revised Statutes Title 34-B Sec. 5201 – Duties
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The Department of Health and Human Services is responsible for: [PL 1995, c. 560, Pt. K, §47 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
1. Institutional programs.
[PL 2007, c. 356, §18 (RP); PL 2007, c. 356, §31 (AFF).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 5201
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Dependent: A person dependent for support upon another.
- Family: means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. See Maine Revised Statutes Title 34-B Sec. 5001
- Habilitation: means the process by which an individual is assisted to acquire and maintain those life skills that enable that individual to cope with the demands of that individual's own person and environment, to raise the level of that individual's physical, mental and social efficiency and to upgrade that individual's sense of well-being, including, but not limited to, programs of formal, structured education and treatment. See Maine Revised Statutes Title 34-B Sec. 5601
- Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Personal planning: means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. See Maine Revised Statutes Title 34-B Sec. 5001
- Region: means any of the regions established by the department. See Maine Revised Statutes Title 34-B Sec. 5001
- Supportive services: means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to:
A. See Maine Revised Statutes Title 34-B Sec. 5001Supports: means actions or assistance that empowers a person with an intellectual disability or autism to carry out life activities, build relationships and learn the skills necessary to meet the person's needs and desires. See Maine Revised Statutes Title 34-B Sec. 5601 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Statewide system. The planning, promotion, coordination and development of a complete and integrated statewide system of services for adults with intellectual disabilities or autism;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
3. Liaison. Serving as liaison, coordinator and consultant to the several state departments in order to develop the statewide system of services for adults with intellectual disabilities or autism;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
4. Community-based services. Ensuring that adults with intellectual disabilities or autism residing in community residential facilities, including nursing homes, boarding homes, foster homes, group homes or halfway houses licensed by the Department of Health and Human Services, are provided, insofar as possible, with residential accommodations and access to habilitation services appropriate to their needs;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
5. Protective and supportive services. Providing protective and supportive services, in accordance with section 5203, to incapacitated and dependent persons who, with some assistance, are capable of living and functioning in society;
[PL 2007, c. 356, §18 (AMD); PL 2007, c. 356, §31 (AFF).]
6. Individual support coordinators. Providing persons with intellectual disabilities or autism who are eligible for MaineCare services with case management services.
A. Case management services as defined in rules may be provided by qualified staff employed by the department or a contracted agency. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
B. Unless otherwise specified in personal planning:
(1) Case managers shall maintain at least monthly contact with each person in order to ensure that the quality and availability of services and consumer satisfaction are maintained at a high level; and
(2) Visits to the person’s home must occur at least twice a year. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
C. The department shall ensure that case managers maintain adequate written and electronic records to permit monitoring and accountability. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
D. The department shall provide sufficient numbers of case managers and supervisors to fulfill the duties specified in this subsection and shall maintain an overall ratio of one case manager to every 35 people in each region. The ratio must be calculated separately for staff employed by the department and by contracted agencies, and this ratio must be maintained for each group; [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
[PL 2011, c. 542, Pt. A, §92 (AMD).]
7. Crisis and respite. Provision of crisis and respite services to persons with intellectual disabilities or autism in accordance with section 5206; and
[PL 2011, c. 542, Pt. A, §92 (AMD).]
8. Quality assurance. Developing through its comprehensive planning process goals and objectives for the department’s quality assurance program.
A. The department shall determine at least annually appropriate quality assurance activities and strategies to achieve the goals and objectives of the program, with the overall purpose of assessing the quality of services and supports, consumer and family satisfaction with such services and supports and the consistency of such services and supports with the principles guiding delivery of services and supports as set forth in section 5610. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
B. The department shall prepare an annual report of its quality assurance activities and such other periodic reports as it determines appropriate. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
C. The department shall develop appropriate procedures for formulating and disseminating recommendations emanating from its quality assurance activities and for ensuring follow-up of the implementation of such recommendations. [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
[PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
9. Rules. The department shall adopt rules to implement this section as necessary. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
[PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC28 (AMD). PL 1993, c. 738, §E1 (AMD). PL 1993, c. 738, §E6 (AFF). PL 1995, c. 560, §K47 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 356, §18 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §§91, 92 (AMD).