An Act to Establish the Department of Health and Human Services LR 2740(02)
Maine Legislature, Session 121, LD 1913
Committee Amendment CA_A_H890 (House)
Amends: 2 MRSA §6

COMMITTEE AMENDMENT "A" to H.P. 1414, L.D. 1913, Bill, 
Act To Establish the Department of Health and Human Services" 
"An 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
I Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the establishment of the new Department of Health 
and Human Services on July 1, 2004 is necessary for the orderly 
transition of the Department of Human Services and the Department 
of Behavioral and Developmental Services to the new department; 
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 enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 22-A MRSA is enacted to read: 
TITLE 22-A 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" 
"to H.P. 1414, L.D. 1913 
HEALTH AND HUMAN SERVICES 
SUBTITLE 1 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
CHAPTER 1 
DEPARTMENTAL ORGANIZATION AND OPERATION 
SUBCHAPTER 1 
GENERAL PROVISIONS 
SlDl. 
Definitions 
As 
used in this Title, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
1. 
Conmissioner. 
"Commissioner" means the Commissioner of 
Health and Human Services. 
2. 
Department. 
"Department" means the Department of Health 
and Human Services. 
3. 
Seal. 
The department has an official seal which must be 
judicially noticed. 
SUBCHAPTER 2 
ORGANIZATION 
S2Dl. 
Department established 
1. 
Establishment. 
The Department of Health and Human 
Services is established as a cabinet-level department. 
2. 
Bureau and divisions. 
The department consists of the 
bureaus and divisions necessary to carry out the work of the 
department. 
S2D2. 
Mission; guiding principles 
1. 
Mission. 
The mission of the department is to provide 
heal th and human services to the people of Maine so that all 
persons may achieve and maintain their optimal level of health 
and their full potential for economic independence and personal 
development. Within available funds, the department shall provide 
supportive, 
preventive, 
protective, 
public 
health 
and 
intervention services to children, families and adults, including 
COMMITTEE AMENDMENT 
.' 
COMMITTEE AMENDMENT .t1r. to H.P. 1414, L.D. 1913 
the elderly and adults with disabilities. The department shall 
endeavor 
to 
assist 
individuals 
in 
meeting 
their 
needs 
and 
families in providing for the developmental, health and safety 
needs 
of 
their 
children, 
while 
respecting 
the 
rights 
and 
preferences of the individual or family. 
2. Guiding principles. 
The following principles are adopted 
to guide the department. 
In the performance of its duties, the 
department shall strive to: 
A. 
Improve the health and well-being of Maine residents, 
with this goal guiding all decisions, programs and services 
of the department; 
B. 
Treat consumers with respect and dignity; 
C. 
Treat 
service 
providers 
with 
professionalism 
and 
collegiality; 
D. 
Value 
and 
support department staff as 
the critical 
connection to the consumer; 
E. 
Involve consumers, 
providers, 
advocates and staff in 
long-term planning; 
F. 
Use relevant, meaningful data and objective analyses of 
population-based needs in program planning. decision making 
and quality assurance; and 
G. 
Deliver 
services 
that 
are 
individualized, 
family-centered. 
easily 
accessible. 
preventive. 
independence-oriented, 
interdisciplinary. 
collaborative. 
evidence-based and consistent with best practices. 
§203. 
Programs and services of department 
The department shall, as appropriate to the individual and 
family and as permitted by the availability of funds. provide 
programs and services as specified in this section and otherwise 
by law. 
1. 
Programs 
and 
services 
for 
adults « 
children 
and 
families. 
The 
department shall provide adults. 
children and 
families with the following programs and services: 
A. 
Economic assistance and employment support services; 
B. 
Mental health and behavioral health services; 
C. 
Mental retardation and developmental disability services; 
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COMMITTEE AMENDMENT "If- to H.P. 1414, L.D. 1913 
D. 
Physical health services: 
E. 
Public health services: and 
F. 
Substance abuse prevention and treatment services. 
2. 
Additional 
programs 
and 
services 
for 
children 
and 
families. 
The department shall provide children and families 
with additional programs and services to assist them in meeting 
their needs, including, but not limited to: 
A. 
Child welfare services: 
B. 
Head Start and child care services: 
C. 
Maternal 
and 
child health services, 
including 
home 
visiting programS: 
D. 
Paternity establishment and child support enforcement 
services: and 
E. Residential and long-term care services for children with 
disabilities. 
3. 
Additional 
programs 
and 
services 
for 
adults. 
The 
department 
shall 
provide 
adults, 
including 
the 
elderly 
and 
persons with disabilities, with additional programs and services 
to assist them in meeting their needs, including, but not limited 
.tQl. 
At 
Adult protective services: and 
B. 
Long-term care services for the elderly and adults with 
disabilities. 
4. DeliveCV of programs and services. 
The department shall 
deliver programs and services through a coordinated and efficient 
administrative structure and an integrated delivery system that 
focuses on meeting the needs of individuals and families. 
The 
department 
shall 
use 
a 
combination of public 
personnel 
and 
contracts with private agencies to deliver programs and services. 
§204. 
Commissioner 
The department is under the control and supervision of the 
Commissioner of Health and Human Services, who reports directly 
to the Governor. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 1414, L.D. 1913 
1. 
Appointment. 
The 
Governor 
shall 
appoint 
the 
commissioner, subject to review by the joint standing committee 
of the Legislature having jurisdiction over health and human 
services 
matters 
and 
confirmation 
by 
the 
Senate. 
The 
commissioner serves at the pleasure of the Governor. 
2. 
Vacancy; deputy commissioner. 
A vacancy in the office 
of the commissioner must be filled as follows. 
A. 
Any 
vc\cancy of the commissioner's position must 
be 
filled in accordance with Title 5, section 1. 
B. 
The commissioner shall appoint one of the department's 
deputy 
commissioners 
to 
perform 
the 
duties 
of 
the 
commissioner, 
in addition to the duties of that deputy 
commissioner, during the commissioner's temporary absence or 
disability. 
§205. 
Povers and duties of commissioner 
The commissioner has all of the powers and duties necessary 
to carry out the mission and responsibilities of the department. 
1. 
Administration. 
The commissioner shall administer the 
department in accordance with the requirements of this Title and 
shall fulfill the duties prescribed to the commissioner by state 
and federal law. 
2. 
Rulemating. 
The 
commissioner 
shall 
adopt 
rules 
to 
implement this Title. 
Rules adopted pursuant to this subsection 
are routine technical rules, as defined in Title 5, chapter 375, 
subchapter 2-A, unless otherwise specified. 
3. 
Employees. 
The commissioner may employ personnel as 
necessary to carry out the work of the department. 
All personnel 
of the department are under the immediate supervision, direction 
and control of the commissioner. 
Department personnel must be 
employed subject to the Civil Service Law, 
except for deputy 
commissioners, 
associate 
commissioners, 
assistant 
deputy 
commissioners, bureau directors, the director of legal affairs, 
regional 
directors, 
the 
director 
of 
Bangor 
Mental 
Health 
Institute and the director of Riverview Psychiatric Center. 
4. 
Appointments. 
The 
commissioner 
may 
appoint 
deputy 
commissioners, 
associate 
commissioners, 
assistant 
deputy 
commissioners, bureau directors, the director of legal affairs, 
regional 
directors, 
the 
director 
of 
Bangor 
Mental 
Health 
Institute and the director of Riverview Psychiatric Center, who 
serve at the pleasure of the commissioner. 
These positions are 
unclassified, major policy-influencing positions as specified in 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT I~I to H.P. 1414, L.D. 1913 
Title 5, sections 931 and 946-11.. 
A bureau director appointed 
pursuant to this subsection must have educational qualifications 
and professional experience directly related to the functions of 
and services provided by the bureau. 
Sec. A-2. Quarterly report; rulemaking. 
Beginning October 1, 
2004, the Commissioner of Health and Human Services shall provide 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over 
health 
and 
human 
services matters 
with 
a 
quarterly report that summarizes 
rule-making activity of the 
Department of Health and Human Services. 
Sec. A-3. Bureau structure; restriction. 
The 
Commissioner of 
Health and Human Services may not establish a bureau structure 
for the new department until that structure has been approved by 
the 122nd Legislature. 
PARTB 
Sec. B-1. 
Transition. 
Notwithstanding 
the 
Maine 
Revised 
Statutes, Title 22 and Title 34-B, the following provisions apply 
to the reassignment of the duties and responsibilities of the 
Department of Human Services and the Department of Behavioral and 
Developmental Services to the Department of Health and Human 
Services. 
1. 
The Department of Human Services and the Department of 
Behavioral and Developmental Services as heretofore created and 
established by law are incorporated into the Department of Health 
and Human Services. 
All references to, responsibilities of and 
authority conferred upon the Department of Human Services and the 
Department of Behavioral and Developmental Services, and those 
departments I 
predecessors, throughout the Maine Revised Statutes 
are deemed to refer to and vest in the Department of Health and 
Human Services created by this Act, as the successor department. 
The Department of Heal th and Human Services is the successor in 
every way to the powers, duties and functions as assigned in the 
Maine Revised Statutes, Title 22 
to the Department of Human 
Services and Title 34-B to the Department of Behavioral and 
Developmental Services, as they pertain to services provided to 
adults, children and families under this Act. 
2. 
Notwithstanding the provisions of the Maine 
Revised 
Statutes, Title 5, all accrued expenditures, assets, liabilities, 
balances of appropriations, allocations, transfers, revenues or 
other available funds in an account or subdivision of an account 
of 
the 
Department of 
Human 
Services 
and 
the 
Department 
of 
Behavioral and Developmental Services that pertain to the duties 
of the Department of Health and Human Services as set forth iD 
COMMITTEE AMENDMENT 
~lfo' 
. 2 
COMMITTEE AMENDMENT ~" to H.P. 1414, L.D. 1913 
this Act must be tram:ferred to the proper accounts of the 
Department of Health and Human Services by the State Controller 
or by financial order upon the request of the State Budget 
Officer and with the approval of the Governor. 
3. 
All rules of the Department of Human Services and the 
Department of Behavioral 
and Developmental Services, 
as they 
pertain to the duties of the Department of Health and Human 
Services as set forth in this Act, that are in effect on the 
effective date of this Act remain in effect until rescinded, 
revised or amended . 
4. 
All contracts, agreements and compacts 
of 
Human 
Services 
and 
the 
Department 
of 
Developmental Services, as they pertain to the 
in this Act, that are in effect on the effective 
of the Department 
Behavioral 
and 
duties set forth 
date of this Act 
remain in effect until they expire or are altered by the parties 
involved in the contracts or agreements. 
The Department of 
Health and Human Services is the successor agency for all federal 
block grants and programs administered under the United States 
Social Security Act, as amended, and any other federal programs, 
grants and contracts. 
5. 
All records of the Department of Human Services and the 
Department of Behavioral 
and Developmental Services, 
as 
they 
pertain to the duties set forth in this Act, must be transferred 
to the Department of Health and Human Services as necessary to 
implement this Act. 
6. 
All property and equipment of any bureau, division or 
program of the Department of Human Services and the Department of 
Behavioral and Developmental Services pertaining to the duties 
set forth in this Act are transferred to the Department of Health 
and Human Services as necessary to implement this Act. 
7. 
Notwithstanding the Maine Revised Statutes, Title 22-A, 
section 204 or any other provision of law, 
upon the effective 
date 
of 
this 
Act, 
the 
individual 
holding 
the 
position 
of 
Commissioner of Human Services becomes the Commissioner of Health 
and 
Human 
Services 
without 
the 
need 
of 
appointment 
or 
confirmation. 
The 
Commissioner 
of Health and 
Human 
Services 
shall assume and is vested with all of the duties and powers of 
that office, as well as the duties and powers of the office of 
the 
Commissioner 
of 
Human 
Services 
and 
the 
office 
of 
the 
Commissioner 
of 
Behavioral 
and 
Developmental 
Services. 
This 
provision is intended to change the procedure for appointment and 
confirmation of 
the first 
Commissioner 
of Health 
and 
Human 
Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·oft" to H.P. 1414, L.D. 1913 
8. 
Employees of the Department of Health and Human Services 
who were employees of the Department of Human Services and the 
Department of Behavioral and Developmental Services immediately 
prior to the effective date of this Act retain all their employee 
rights, privileges and benefits, including sick leave, vacation 
and seniority, provided under the Civil Service Law or collective 
bargaining 
agreements. 
The 
Department 
of 
Administrative 
and 
Financial Services, 
Bureau of 
Human 
Resources 
shall 
provide 
assistance to the affected departments and shall assist with the 
orderly implementation of this subsection. 
9. 
The 
Commissioner of Health and Human Services shall 
consolidate the following functions of the Department of Human 
Services 
and 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services: 
A. 
Administrative 
components 
that provide 
for, 
without 
limitation, 
the 
following 
functions: 
internal 
aUditing; 
external aUditing; 
financial management; 
human 
resources; 
information technology and data collection and management: 
fa~ilities management; 
contracting: 
licensing: 
permitting 
and 
inspecting: 
training: 
administrative 
appeals: 
communications and legislative relations: rate setting: and 
rulemaking: and 
B. 
Adult protective functions. 
10. 
By January 31, 
2005, the Commissioner of Health and 
Human Services shall submit a report, including recommendations 
and any necessary legislation, to the Governor and the joint 
standing committee of the Legislature having jurisdiction over 
health and human services matters regarding the establishment and 
implementation of the Department of Health and Human Services. 
The report must include recommendations on the following issues: 
A. 
Bureau 
structure, 
including 
the 
number, 
title 
and 
functions of bureaus and divisions wi thin bureaus. In the 
development 
of 
recommendations 
regarding 
the 
bureau 
structure, the commissioner shall consider: 
(1) 
The 
unique 
needs 
of 
special 
populations, 
including, but not limited to, children, the elderly, 
persons with mental health needs, persons with mental 
retardation or developmental disabilities and persons 
affected by substance abuse; and 
(2) 
The possible integration of the functions of the 
Department 
of 
Human 
Services, 
Bureau 
of 
Family 
Independence into a new bureau of children and families; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. h, to H.P. 1414, L.D. 1913 
B. 
Administrative structure and functions, including: 
(1) 
Planning and quality assurance; 
(2) 
Staff training and professional development; 
(3) 
Regional structure and administrative functions; 
and 
(4) 
The employment status of division directors; 
C. 
Program and service delivery functions, including: 
(1) 
A seamless system of care at the local level; 
(2 ) 
Information 
and 
referral, 
intake 
and 
case 
management services; 
(3) 
Guardianship and conservatorship services; 
(4) 
Resolution 
of 
consumer, 
provider 
and 
public 
inquiries and complaints; 
(5) 
Advocacy services; and 
(6) 
Long-term care ombuds services; 
D. 
Advisory boards, including: 
(1) 
Integration and consolidation of existing advisory 
boards, 
councils 
and 
commissions 
that 
serve 
the 
Department of 
Human 
Services 
and the Department of 
Behavioral and Developmental Services; and 
(2) 
Opportuni ties to ensure that advisory bodies to 
the new department operate efficiently and effectively; 
and 
E. 
The child welfare ombudsman program established as an 
independent program within the Executive Department under 
the Maine Revised Statutes, Title 22, 
section 4087-A. 
In 
developing 
recommendations 
regarding 
this 
program, 
the 
commissioner shall consider: 
(1) 
Program independence and structure; and 
(2) 
The 2003 annual report of the ombudsman submitted 
pursuant to Title 22, section 4087-A, subsection 10. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,If .. to H.P. 1414, L.D. 1913 
Following receipt and review of the report, the joint standing 
committee of the Legislature having jurisdiction over health and 
human services matters may report out legislation to the 122nd 
Legislature. 
11. 
The Commissioner of Health and Human Services shall 
work with the Commissioner of Education and the Commissioner of 
Corrections to review the delivery of child development services 
and 
juvenile 
justice 
services. 
By 
January 
31, 
2006, 
the 
Commissioner of Health and Human Services shall submit a report 
including recommendations and any necessary legislation to the 
Governor 
and the joint standing committee of the Legislature 
having 
jurisdiction over health 
and 
human 
services matters. 
Following receipt and review of the report, the committee may 
report out legislation to the Second Regular Session of the 122nd 
Legislature. 
Sec. B·2. Conflicts and inconsistencies. If the Commissioner of 
Health and 
Human 
Services finds 
a 
conflict or inconsistency 
between provisions in the Maine Revised Statues, Title 22 and 
Title 34-B or rules adopted under those titles, the commissioner 
shall 
attempt 
to 
resolve that conflict or 
inconsistency by 
interpreting the laws or rules together to give effect to the 
intent of the Legislature or agency, as the case may be. 
If the 
commissioner 
determines 
rulemaking is 
required 
to 
resolve 
a 
conflict or inconsistency, the commissioner may adopt rules as 
authorized under Title 
22-A, 
section 205, 
subsection 2. 
In 
adopting rules under this section, 
the commissioner has sole 
discretion 
to 
determine 
whether 
an 
emergency 
exists. 
The 
commissioner shall notify the members 
of the joint standing 
committee of the Legislature having jurisdiction over health and 
human services matters prior to adopting any emergency rule under 
this section. 
Sec. B·3. Legislation; schedule. 
The Commissioner of Health and 
Human Services, and designees selected by the commissioner, shall 
work with the joint standing committee of the Legislature having 
jurisdiction over health and human services matters and staff 
from the Office of Policy and Legal Analysis and the Office of 
the Revisor of Statutes to review those parts of the Maine 
Revised Statutes governing the Department of Health and Human 
Services, including but not limited to Titles 22, 22-A and 34-B. 
The 
purpose 
of 
the 
review 
is 
to 
develop 
legislation 
to 
consolidate existing law into Title 22-A, to update Title 22-A 
and to correct any errors and inconsistencies in law that result 
from this Act. 
By November 30, 
2005 the commissioner and the 
committee shall agree on the format and organization of Title 
22-A. 
By November 30, 
2006 the commissioner shall submit the 
legislation developed pursuant to this section to the First 
Regular Session of the 123rd Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fr· to H.P. 1414, L.D. 1913 
Sec. B-4. Interim meetings; authorized. 
The 
joint standing 
committee of the Legislature having jurisdiction over health and 
human services matters is authorized to meet as needed, but at 
least 3 times, during the 2004 legislative interim to carry out 
its responsibilities to oversee planning, service delivery and 
implementation 
issues 
related 
to 
the 
establishment 
of 
the 
Department of Health and Human Services. 
At these meetings, the 
Commissioner 
of 
Health 
and 
Human 
Services 
shall 
brief 
the 
committee on planning issues, progress, challenges and the time 
line 
for 
implementation. 
The 
committee 
shall 
provide 
opportunities for consumers, providers and advocates to speak to 
the committee. 
The committee may submit legislation to the First 
Regular Session of the 122nd Legislature based on these meetings. 
Sec. B-S. Working groups. 
During the period from July 2004 
through December 
2005, 
the Commissioner of Health and 
Human 
Services 
shall 
convene 
advisory 
working 
groups 
to 
consider 
planning, service delivery and implementation issues related to 
the 
establishment 
of 
the 
Department 
of 
Health 
and 
Human 
Services. 
The working groups shall review the issues identified 
in Part B, 
section 1, subsection 10. The working groups must 
include broad representation from consumers, providers, advocates 
and members of the public. 
Sec. B-6. 
Maine Revised Statutes amended; revision clause. 
Wherever in the Maine Revised Statutes the words "Department of 
Human Services" or "Department of Behavioral and Developmental 
Services" 
appear 
or 
reference 
is 
made 
to 
either of 
those 
departments with reference to the duties transferred to the 
Department of Health and Human Services as set forth in this Act, 
they are amended to read or mean, as the case may be, "Department 
of Health and Human Services." 
The Revisor of Statutes shall 
implement this revision when updating, publishing or republishing 
statutes. 
Sec. B-7. 
Maine Revised Statutes amended; revision clause. 
Wherever in the Maine Revised Statutes the words "Commissioner of 
Human Services" or "Commissioner of Behavioral and Developmental 
Services" 
appear 
or 
reference 
is 
made 
to 
ei ther 
of 
these 
positions 
with 
reference 
to 
the 
duties 
transferred 
to 
the 
Commissioner of Health and Human Services as set forth in this 
Act, 
they are amended to read or mean, 
as the case may be, 
"Commissioner of Health and Human Services." 
The Revisor of 
Statutes shall implement this revision when updating, publishing 
or republishing the statutes. 
Sec. B-S. 
Budget. 
The 
Department 
of 
Administrative 
and 
Financial 
Services, 
Bureau 
of 
Budget 
shall 
work 
with 
the 
employees of the Department of Human Services and the Department 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 1414, L.D. 1913 
of Behavioral 
and Developmental Services with regard to the 
duties transferred to the Department of Health and Human Services 
as set forth in this Act to develop the budget for the Department 
of Health and Human Services. 
Sec. B·9. Federal approval. 
If the Commissioner of Health and 
Human 
Services determines that federal 
approval will not be 
obtained for any part of this Act that requires federal approval, 
the commissioner shall notify the joint standing committee of the 
Legislature having jurisdiction over health and human services 
matters, the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs and the 
Executive Director of the Legislative Council. 
PARTC 
Sec. C-l. 2 MRSA §6, sub-§l, as amended by PL 2003, c. 469, 
Pt. A, §1, is further amended to read: 
1. 
Ranqe 91. 
The salaries of the following state officials 
and employees are within salary range 91: 
Commissioner of Transportation; 
Commissioner of Conservation; 
Commissioner of Administrative and Financial Services; 
Commissioner of Education; 
Commissioner of Environmental Protection; 
Executive Director of Dirigo Health; 
bemmissieaeF-ef-HHffiaa-SeFvieesf 
bemmissieaeF-ef-8eRavieFa~-aae-geve~epmeata~-SeFvieesf 
Commissioner of Public Safety: 
Commissioner of Professional and Financial Regulation; 
Commissioner of Labor; 
Commissioner of Agriculture, Food and Rural Resources; 
Commissioner of Inland Fisheries and Wildlife; 
Commissioner of Marine Resources; 
Page l2-LR2740(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. t· to H.P. 1414, L.D. 1913 
Commissioner of Corrections; 
Commissioner of Economic and Community Development; and 
Commissioner of Defense, Veterans and Emergency Management. 
Sec. C-2. 2 MRSA §6, sub-§l-A is enacted to read: 
1-A. 
Range 
58. 
The 
salaries 
of 
the 
following 
state 
officials and employees are within salary range 58: 
Commissioner of Health and Human Services. 
Sec. C-3. 2 MRS A §6, sub-§2, as amended by PL 2001, c. 708, 
§1, is further amended to read: 
2. 
Ranqe 90. 
The salaries of the following state officials 
and employees are within salary range 90: 
Superintendent of Financial Institutions; 
State Tax Assessor; 
Superintendent of Insurance; 
Executive Director of the Maine Consumer Choice Health Plan; 
Associate 
Commissioner 
for 
Programs, 
Department 
of 
Behavioral and Developmental Services; 
Associate 
Commissioner 
of 
Administration, 
Department 
of 
Behavioral and Developmental Services; 
Associate Commissioner for Systems Operations, Department of 
Behavioral and Developmental Services; 
Deputy 
Commissioner, 
Financial Services; 
Department 
of 
Administrative 
and 
Associate Commissioner 
for 
Adult Services, 
Department of 
Corrections; 
Associate Commissioner for Juvenile Services, Department of 
Corrections; 
Public Advocate; 
Director, Bureau of Medical Services, Department of Human 
Services: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to H.P. 1414, L.D. 1913 
Chief Information Officer; and 
Associate Commissioner for Legislative and Program Services, 
Department of Corrections. 
Sec. C-4. S MRSA §940, as amended by PL 1995, c. 560, Pt. J, 
§l, is repealed. 
Sec. C-S. S MRSA §946, as amended by PL 2001, c. 439, Pte J, 
§§l to 3, is repealed. 
Sec. C-6. S MRSA §946-A is enacted to read: 
§946-A. 
Department of Health and Human Services 
1. 
Major 
policy-influencing 
positions. 
The 
following 
positions 
are 
major 
policy-influencing positions 
within 
the 
Department of Health and Human Services. 
Notwithstanding any 
other 
prov~s~ons of law, 
these positions and their successor 
positions are subject to this chapter: 
A. 
Deputy commissioners; 
B. 
Associate commissioners; 
C. 
Bureau directors and division directors; 
D. 
Assistant deputy commissioners; 
E. 
Regional directors; 
F. 
Directors 
of 
Bangor 
Mental 
Health 
Institute 
and 
Riverview Psychiatric Center; and 
G. 
Director of legal affairs. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect July 1, 2004.' 
SUMMARY 
This amendment replaces the bill. Consistent with the bill, 
the amendment reorganizes the delivery of services to adults, 
children and families by the Department of Human Services and the 
Department of Behavioral and Developmental Services through the 
establishment 
of 
the 
new 
Department 
of 
Health 
and 
Human 
Services. 
The amendment does the following. 
Page l4-LR2740(2) 
COMMITTEE AMENDMENT 
... 
~. 
~ 
COMMITTEE AMENDMENT .A'" to H.P. 1414, L.D. 1913 
1. It adds an emergency preamble and an emergency clause 
that provide for an effective date of July 1, 2004. 
2. It retains the provisions of the bill that establish the 
new 
Department 
of Health 
and 
Human 
Services; 
clarifies 
the 
mission of the department and the programs and services provided 
by 
the 
department; 
and 
adds 
guiding 
principles 
for 
the 
department, 
drawing those principles from the "Report of the 
Advisory Council for the Reorganization and Unification of the 
Department of Human Services and the Department of Behavioral and 
Developmental Services." 
3. It removes 
directors 
and sets 
division 
positions 
directors. 
the provisions of the bill that designate 
as 
unclassified, 
major 
policy-influencing 
forth qualification requirements for bureau 
4. 
It removes the provision of the bill that establishes a 
permanent Health and Human Services Advisory Board to advise the 
Commissioner of Health and Human Services and instead requires 
the establishment of working groups to advise the commissioner on 
planning and implementation issues through December 2005. 
5. 
It retains the provisions of the bill that provide for 
orderly transition from the Department of Human Services and the 
Department of Behavioral and Developmental Services to the new 
Department of Health and Human Services. 
6. 
It removes the provision of the bill that establishes 
the bureau structure of the Department of Health and 
Human 
Services and adds 
a 
prov~s~on that delays the adoption of a 
bureau structure until one is approved by the Legislature. 
7. 
It retains the provision of the bill that transfers the 
Commissioner of Human Services to the position of Commissioner of 
Health 
and 
Human 
Services 
without 
need 
of 
appointment 
or 
confirmation and adds a statement of legislative intent to this 
provision. 
8. It clarifies the provision of the bill regarding the 
rights of employees of the new department who were employees of 
the Department of Human Services and the Department of Behavioral 
and Developmental Services. 
9. It retains the provision of the bill th?J.t requires the 
commissioner to consolidate certain administrative components of 
the Department of Health and Human Services, including auditing, 
financial management, human resources and information technology. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to H.P. 1414, L.D. 1913 
10. It retains the requirement that the Commissioner of 
Health and Human Services consolidate adult protective functions, 
but delays the consolidation of guardianship and conservatorship 
functions. 
11. 
It clarifies the provision of the bill that requires 
the Commissioner of Health and Human Services to submit a report 
with recommendations and legislation by January 31, 2005 to the 
joint standing committee of the Legislature having jurisdiction 
over health and human services matters. 
The amendment requires 
the report to include recommendations on the following issues 
related to 
the 
establishment 
and 
implementation of 
the 
new 
department: 
bureau 
structure, 
administrative 
structure 
and 
functions, 
program 
and 
service 
delivery 
functions, 
advisory 
boards and the child welfare ombudsman program. 
The amendment 
also requires 
the 
commissioner to convene working groups of 
consumers, 
providers, 
advocates and members of the public to 
advise the commissioner on these issues. The amendment authorizes 
the committee to report out legislation to the 122nd Legislature 
following review of the commissioner's report and recommendations. 
12. 
It retains the provision of the bill that requires the 
Commissioner of Health and Human Services to review and report on 
the delivery of child development services and juvenile justice 
services. 
13. 
It clarifies the provisions of the bill regarding the 
interpretation of conflicting laws and rules by the Commissioner 
of Health and Human Services and adoption of rules to settle 
those conflicts. 
14. It clarifies the provision of the bill that requires the 
joint standing committee of the Legislature having jurisdiction 
over health and human services matters and the Commissioner of 
Health and Human Services to agree on a format and organization 
of the Maine Revised Statutes, Title 22-1>. by November 30, 2005 
and submit necessary legislation by November 30, 2006. 
15. 
It adds a provision that authorizes the joint standing 
committee of the Legislature having jurisdiction over health and 
human services matters to meet at least 3 times during the 2004 
legislative interim to review planning and implementation issues 
and authorizes the committee to report out legislation to the 
16. It retains the provisions of the bill that establish the 
salary range for the Commissioner of Health and Human Services 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ,fr.. to H.P. 1414, L.D. 1913 
and the Director of the Bureau of Medical Services within the 
Department of Human Services. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Legislative Study 
Approved: 04/06104 ~ae 
Office of Fiscal and Program Review 
LD 1913 
An Act to Establish the Department of Health and Human Services 
LR 2740(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current Costs - Legislative Study 
Undetermined current biennium savings - General Fund 
Undetermined current biennium cost increase - General Fund 
The projected costs for the Health and Human Services committee to meet four times to oversee planning, service 
delivery and implementation of issues as well as to review the statutes governing the new department is $5,460 in fiscal 
year 2004-05. The Legislature has budgeted $20,000 in fiscal year 2004-05 for legislative studies. Whether the 
amounts are sufficient to fund all studies will depend on the number of studies authorized by the Legislative Council and 
the Legislature. 
Fiscal Detail and Notes 
PL 2003, c. 20, included a statewide deappropriation of $5,800,000 in state fiscal year 2004-05 associated with the 
merger of the two departments. The bill does not include sufficient information to evaluate and determine if these 
savings can be achieved in the current biennium. 
LR2740(2) - Fiscal Note - Page 1 of 1