H.__"Service provider" means a community agency providing services for children with mental health needs, mental retardation and autism.

Sec. SSS-2. 34-B MRSA §1208, sub-§8 is enacted to read:

8.__Fees.__By July 1, 2004, the department shall adopt rules to require that contracts and service agreements with service providers require service providers to charge fees for certain services for children and families funded through grant funds from the department.__Respite, outpatient, case management and home-based family services are subject to fees under this subsection.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.__The following provisions apply to the rules and to the imposition of fees under the rules.

A.__A fee scale must be established by the department on a sliding scale on the basis of household income, determined after consultation with the Department of Human Services, Bureau of Family Independence with reference to the federal nonfarm income official poverty line, and take into account the number of children with special needs within a household who are receiving services from the department and whether the family pays very high health care expenses.

B.__The fee scale under paragraph A must be developed after consultation with service providers, consumers and advocates for service providers and consumers.__As appropriate to the child, family and service, the fee scale must apply to all service providers and supersedes previous service provider fee schedules.

C.__The fee scale under paragraph A may not require fees from families below 250% of the federal nonfarm income official poverty line and must require families above 450% of the federal nonfarm income official poverty line to pay 100% of the cost of services provided by service providers.__ The fee scale must include fees of 25%, 50%, 75% and 100% of the cost of services.

D.__Service providers must be allowed to require payment of fees at the time that services are provided, to suspend services for nonpayment of fees and to retain all fees collected.__Service providers must be required to provide an accounting to the department of fees charged and