Whereas, funds for services for adults and children with mental retardation and other cognitive disabilities and mental illnesses have been either frozen or reduced due to recent state budgetary constraints; and

Whereas, the Department of Human Services has increased the overall costs of providing those services with recent revisions to the medication course required to be taken by personnel of assisted living facilities for persons with mental retardation and mental illnesses; and

Whereas, this action was undertaken by the Department of Human Services without consultation with the Department of Behavioral and Developmental Services regarding fiscal impact; and

Whereas, such increased program costs were not included in community budgets developed by the Department of Behavioral and Developmental Services; and

Whereas, these costs impose a significant financial burden on the community-based private agencies that are already struggling to meet other uncontrollable costs of providing services, including rising health insurance premiums, property insurance premiums and housing costs; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Medication course. Resolved: That the Department of Human Services and its designee or successor shall revise the course curriculum required for persons administering medications in assisted living settings that serve persons with mental retardation and mental illnesses to ensure that the course is appropriate for the population served by each facility. Any changes from the course that was in effect prior to September 1, 2003 may not impose any new or additional costs on providers of services, unless the increased costs are funded by the Department of Human Services. The requirement of cost neutrality does not apply retroactively to costs already incurred by providers prior to the effective date of this resolve, but applies upon enactment of this resolve. The Department of Human Services shall convene a working group to revise the course that includes the Department of Behavioral and Developmental Services and representatives of the statewide associations that represent providers of mental retardation and mental health services.