Resolve, To Improve Access to Employment Opportunities for Persons with Intellectual Disabilities and Autistic Disorders

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

Whereas,  the Department of Health and Human Services amended the MaineCare Benefits Manual to limit the number of persons with intellectual disabilities and autistic disorders who may work at any given work site or location; and

Whereas,  that amendment took effect July 1, 2010; and

Whereas,  persons with intellectual disabilities and autistic disorders have been limited as to where they may work since July 1, 2010; and

Whereas,  it is imperative that this resolve take effect immediately so that persons with intellectual disabilities and autistic disorders may return to work as soon as possible; 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. MaineCare Benefits Manual. Resolved: That, notwithstanding the requirements of the Maine Revised Statutes, Title 5, section 8054 regarding findings of an agency, the Department of Health and Human Services shall amend on an emergency basis the MaineCare Benefits Manual to remove the language that restricts the number of persons with intellectual disabilities and autistic disorders who may work at any given work site or location to 50% of a business's workforce at that work site or location. Following the expiration of the emergency period specified in Title 5, section 8054, subsection 3, the department shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A to implement the provisions of this section.

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