F. Provide for acceptance by the Department of Labor, Bureau of Rehabilitation Services of a consumer's legal guardian, family member, or other person identified in the consumer's plan of service as a surrogate decision maker to assume responsiblity for performing management tasks that the consumer is unable to perform. The surrogate may not be a personal assistant to the consumer or an employee or contractor of a provider agency. The surrogate must live in proximity to the consumer and must be readily available to perform the tasks assigned to the surrogate in the plan of service; and

G. Provide for bifurcated responsibility for consumer- directed personal assistance services, with independent living alternatives managed by the Department of Labor, Bureau of Rehabilitation Services and health care alternatives managed by the Department of Human Services, Bureau of Elder and Adult Services.

2. Procedure. Rules adopted pursuant to this section are routine technical rules as defined in the maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

SUMMARY

This resolve directs the Department of Labor, Bureau of Rehabilitation Services to adopt rules by July 1, 2004 to increase eligibility for and access to the consumer-directed personal care assistance services program.