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SECTION TOTAL - ALL FUNDS $0 $0

PART S

Sec. S-1. 36 MRSA §2551, sub-§1-B is enacted to read:

1-B.__Day habilitation services.__"Day habilitation services" means services:

A.__That are provided by community-based agencies to children or adults with mental retardation and include assistance with the acquisition, retention or improvement of self-help, socialization and adaptive living skills; and

B.__That take place in a nonresidential setting separate from the home or facility in which the child or adult resides, except when a physician has ordered that such services be provided in the child's or adult's home, and focus on enabling the child or adult to attain or maintain maximum functional levels.

"Day habilitation services" includes only those services provided by designated agencies under a contract with the Department of Health and Human Services.

Sec. S-2. 36 MRSA §2551, sub-§7-B is enacted to read:

7-B.__Personal support services.__"Personal support services" means services provided to children or adults with mental retardation, including direct assistance with eating, bathing, dressing, personal hygiene and other activities of daily living. These services include only those services provided by designated agencies under a contract with the Department of Health and Human Services and:

A.__May include assistance with instrumental activities of daily living such as assistance with the preparation of meals, but does not include the cost of the meals themselves;

B.__If specified in the child's or adult's care plan, may include such housekeeping chores as bed making, dusting and vacuuming that are incidental to the care furnished, or are essential to the health and welfare of the child or the adult; and

C.__May be provided by a provider unrelated to the child or the adult or by an adult relative other than an adult