Chapter 539
H.P. 1651 - L.D. 2289
PART DDD
Sec. DDD-1. 36 MRSA §2551, sub-§1-A,  as enacted by PL 2005, c. 12, Pt. VV, §1, is amended to read:
1-A. Community support services for persons with mental health diagnoses.
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"Community support services for persons with mental health diagnoses" means rehabilitative services provided to adults at least 18 years of age or to emancipated children that are provided in the context of a supportive relationship pursuant to an individual support plan that promotes a person's recovery and integration of the person into the community and that sustain the person in that person's current living situation or another living situation of that person's choice. "Community support services for persons with mental health diagnoses" include includes only those services provided by a designated community support services provider licensed by and operating under a contract with the Department of Health and Human Services for such services, whether the provider is reimbursed through participation in the MaineCare program or with state grant funds. "Community support services for persons with mental health diagnoses" includes only those services provided to persons with mental health diagnoses.
Sec. DDD-2. 36 MRSA §2551, sub-§1-B,  as enacted by PL 2005, c. 386, Pt. S, §1 and affected by §9, is amended to read:
1-B. Community support services for persons with mental retardation or autism.
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" Day habilitation Community support services for persons with mental retardation or autism" means services:A. That are provided by community-based agencies to children or adults with mental retardation or autism 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 Community support services for persons with mental retardation or autism" includes only those services provided by designated agencies under a contract with the Department of Health and Human Services.
Sec. DDD-3. 36 MRSA §2551, sub-§7-B,  as enacted by PL 2005, c. 386, Pt. S, §2 and affected by §9, is amended to read:
7-B. Home support services.
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" Personal Home support services" means services provided to children or adults with mental retardation or autism, 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 recipient's spouse, but may not be provided in the same setting where residential training is provided.
Sec. DDD-4. 36 MRSA §2551, sub-§13-A,  as enacted by PL 2005, c. 386, Pt. S, §3 and affected by §9, is repealed.
Sec. DDD-5. 36 MRSA §2552, sub-§1, ¶H,  as amended by PL 2005, c. 386, Pt. S, §5 and affected by §9, is further amended to read:
H. Community support services for persons with mental health diagnoses;
Sec. DDD-6. 36 MRSA §2552, sub-§1, ¶I,  as enacted by PL 2005, c. 386, Pt. S, §6 and affected by §9, is amended to read:
I. Day habilitation Community support services for persons with mental retardation or autism; and
Sec. DDD-7. 36 MRSA §2552, sub-§1, ¶J,  as enacted by PL 2005, c. 386, Pt. S, §6 and affected by §9, is amended to read:
J. Personal Home support services ; and .
Sec. DDD-8. 36 MRSA §2552, sub-§1, ¶K,  as enacted by PL 2005, c. 386, Pt. S, §6 and affected by §9, is repealed.
Sec. DDD-9. 36 MRSA §2559,  as amended by PL 2005, c. 386, Pt. S, §7 and affected by §9, is further amended to read:
Revenues derived by the tax imposed by this chapter must be credited to a General Fund suspense account. On or before the last day of each month, the State Controller shall transfer a percentage of the revenues received by the State Tax Assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs A to F to the Local Government Fund as provided by Title 30-A, section 5681, subsection 5. The balance remaining in the General Fund suspense account must be transferred to service provider tax General Fund revenue. On or before the 15th day of each month, the State Controller shall transfer all revenues received by the assessor during the preceding month pursuant to the tax imposed by section 2552, subsection 1, paragraphs G to K J to the Medical Care Services Other Special Revenue Funds account, the Other Special Revenue Funds Mental Health Services - Community Medicaid program, the Medicaid Services - Mental Retardation program and the Office of Substance Abuse - Medicaid Seed program within the Department of Health and Human Services.