Resolve, Directing the Department of Health and Human Services To Complete the Redesign of a Shared Living Program for Adults with Intellectual Disabilities

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  shared living and other home foster care services are appropriate and cost-effective options for many adults with cognitive and intellectual disabilities and autism; and

Whereas,  the Department of Health and Human Services began redesign efforts for a shared living and other home foster care services program July 1, 2010 and booked savings in this program; and

Whereas,  the initial redesign has occurred but necessary actions to clarify respective roles of administering agencies, host families and department employees have not; and

Whereas,  this failure to complete the redesign leaves administering agencies with significant legal and financial liabilities for which they no longer are compensated; and

Whereas,  residential supports for over 450 individuals with intellectual disabilities and autism are in jeopardy, as well as private respite and foster care services, if these issues are not addressed; 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. Redesign. Resolved: That the Department of Health and Human Services shall complete the redesign of a shared living program for adults with intellectual disabilities no later than April 15, 2011. The redesign must include a tiered reimbursement system for host home providers that reflects the level of support required by the individuals based upon an objective needs assessment process. The redesign must thoroughly analyze the efficacy and appropriateness of host families becoming the providers of record under MaineCare regulations; and be it further

Sec. 2. Report. Resolved: That the Department of Health and Human Services shall provide progress reports to the Joint Standing Committee on Health and Human Services on at least a monthly basis until the redesign under section 1 is completed.

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

summary

This resolve requires the Department of Health and Human Services to complete the redesign of shared living and other home foster care services for adults with cognitive and intellectual disabilities and autism by April 15, 2011.