1. Rulemaking by Department of Labor. The Department of Labor, Bureau of Rehabilitation Services shall adopt rules for the program of state-funded consumer-directed personal care assistance services under the Maine Revised Statutes, Title 26, section 1412-H. Except as otherwise provided by law, rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The rules adopted pursuant to this section must:

A. Affirm the principles of consumer-direction and consumer accountability;

B. Provide for independent assessment and reassessment of consumer eligibility and service need using an entity selected by the department; and

C. Provide for authorization of services that is based on assessment of the consumer's functional strengths and needs and that conforms to legislative appropriations and other applicable state and federal requirements.

2. Rulemaking by Department of Human Services. The Department of Human Services, Bureau of Medical Services shall adopt rules for the MaineCare Physically Disabled Home and Community Benefits program and the Consumer-directed Attendant Services program. Except as otherwise provided by law, rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The rules adopted pursuant to this section must:

A. Affirm the principles of consumer-direction and consumer accountability;

B. Provide for independent assessment and reassessment of consumer eligibility and service need using an entity selected by the department;

C. Provide for authorization of services that is based on assessment of the consumer's functional strengths and needs and that conforms to legislative appropriations and allocations and other applicable state and federal requirements.