An Act To Further the Transition to the New Department of Health and Human Services
Maine Legislature, Session 122, LD 1642
Committee Amendment CA_A_S349 (Senate)
Amends: 2 MRSA §6, 22-A MRSA §205

COMMITTEE AMENDMENT ,A .. to S.P. 608, L.D. 1642, Bill, "An 
Act To Further the Transition to the New Department of Health and 
Human Services" 
Amend the bill by inserting after section 2 the following:· 
'Sec.3. 2 MRSA §6, sub-§ll is enacted to read: 
11. 
Range 
38. 
The 
salaries 
of 
the 
following 
state 
officials and employees are within salary range 38: 
A. 
Deputy Commissioner of Finance, Department of Health and 
Human Services; and 
B. 
Deputy 
Commissioner 
of 
Operations 
and 
Support, 
Department of Health and Human Services.' 
Further amend the bill in section 3 
striking out all of paragraph A (page 2, 
inserting in its place the following: 
in subsection 1 
by 
line 43 in L.D.) and 
t 
'A. 
];)e~1it;.y---€-emm-i££4.eReFsf 
The 
deputy 
commissioner 
positions: 
(1) 
The Deputy Commissioner of Integrated Services; 
(2) 
The 
Deputy 
Commissioner 
of 
Health, 
Integrated 
Access and Strategy; 
(3) The Deputy Commissioner of Finance; and 
(4) The Deputy Commissioner of Operations and Support;' 
Page l-LR2344(2) 
COMMITTEE AMENDMENT 
t.,9# 
COMMITTEE AMENDMENT ,~ to S.P. 608, L.D. 1642 
Further amend 
following: 
the bill by inserting after section 4 the 
'Sec. 5. 22-A MRSA §205, sub-§§3 and 4, as enacted by PL 2003, 
c. 6?9, Pt. A, §1, are amended to read: 
3. 
Employees. 
The conunissioner may employ personnel as 
necessary to carry out the work of the department. 
All personnel 
of the department are under· the inunediate supervision, direction 
and control of the conunissioner. 
Department personnel must be 
employed. subject to the Civil Service Law, 
except for 
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positions 
subject 
to 
appointment 
by 
the 
commissioner 
under 
subsection 4. 
4. 
Appointments. 
The following positions are appointed by 
the 
commissioner 
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the 
pleasure 
of the 
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A. The Deputy Commissioner of Integrated Services: 
B. The Deputy Commissioner of Health, Integrated Access and 
Strategy; 
C. The Deputy Commissioner of Finance; 
D. The Deputy Commissione·r of Operations and Support; 
E. The Director of the Office of MaineCare Services: 
F. The Director of the Maine Center for Disease Control and 
Prevention; 
G. 
The Director of the Office of Integrated Access and 
Support; 
COMMITTEE AMENDMENT 
"" 
-
COMMITTEE AMENDMENT ,1'\, to S.P. 608, L.D. 1642 
H. 
The 
Director of 
the Office of 
Adult 
Mental 
Health 
Services: 
I. 
The Director of the Office of Adults with Cognitive and 
Physical Disability Services; 
J. The Director of the Office of Child and Family Services; 
K. 
The Director of the Office of Elder Services: 
L. The Director of the Office of Substance Abuse Services; 
M. 
The regional system integration directors; 
N. 
The Director of Bangor Mental Health Institute; and 
O. 
The Director of Riverview Psychiatric Center. 
Deputy commissioners and· office directors appointed pursuant to 
this 
subsection 
must 
have 
educational 
gualifications 
and 
professional experience directly related to the functions of and 
services provided by the relevant unit or office.' 
Further amend the bill by inserting after section 6 the 
following: 
'Sec. 7. Personal services appropriation and allocation transfers. 
Available 
balances 
of 
personal 
services 
appropriations 
and 
allocations 
in fiscal year 
2005-06 within the 
Department of 
Health 
and 
Human 
Services 
that 
are 
identified 
as 
savings 
resulting from the merger of the former 
Department of Human 
Services 
and 
the 
former 
Department· 
of 
Behavioral 
and 
Developmental Services may be transferred within the personal 
services line category within the same fund by financial order 
upon the recommendation of the State Budget Officer and approval 
of the Governor. 
The purpose of these transfers must be to 
provide permanent, ongoing funding for the pay range reallocation 
of positions to achieve pay equity. 
The Commissioner of Health 
and Human Services shall provide a report to the Joint Standing 
Committee on Health and Human Services and the Joint Standing 
Committee on Appropriations and Financial Affairs no later than 
January 15, 2006 on all amounts transferred under this section. 
Sec. 8. Report on merger goals and achievement of benchmarks. 
The 
Commissioner 
of Health 
and 
Human 
Services 
shall 
report 
according to the schedule established in this section to the 
joint standing committee of the Legislature having jurisdiction 
over health and human services matters on progress towards goals 
and benchmarks adopted by the committee for the merger of the 
former 
Department 
of 
Human 
Services 
and 
the 
former 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT .. A· to S.P.608, L.D. 1642 
Department of Behavioral and Developmental Services. 
In January 
2006, 
the 
commissioner 
shall 
present 
proposed 
outcomes 
and 
specific benchmarks to be used to evaluate the success of the 
merger in achieving those goals for review by the committee. 
The 
commissioner shall provide subsequent regular updated reports to 
the committee at least once every 6 months in 2006 and 2007 on 
the progress of the department in achieving the identified goals, 
outcomes and benchmarks. 
Each report must also include a review 
of the pay range reallocations undertaken to achieve pay equity, 
progress in achieving the colocation goals of the department and 
. the 
number 
of 
vacant 
positions 
and 
acting 
or 
temporary 
appointments within the department. 
Sec. 9. Review of advocacy and ombudsman issues. 
The child 
welfare 
ombudsman 
program 
established 
in the 
Maine 
Revised 
Statutes, Title 22, section 4087-A, the long-term care ombudsman 
program 
established 
pursuant 
to 
Title 
22, 
section· 
5106, 
subsection 11-C and the Office of Advocacy within the Department 
of Health 
and 
Human 
Services shall work collaboratively to 
develop 
recommendations 
to 
maximize 
their 
independence, 
effectiveness 
and 
ability 
to 
provide 
consumer 
advocacy 
and 
ombudsman 
services 
and 
long-term 
budget 
stability. 
Those 
e~tities shall report their recommendations to the Joint Standing 
Committee on Health and Human Services no later than February 15, 
2006. 
The 
committee 
may 
report 
out 
a 
bill 
regarding 
the 
ombudsman and advocacy programs to the Second Regular Session of 
the 122nd Legislature .• 
Further amend the bill 
nonconsecutive 
consecutively. 
Part 
letter 
by relettering or renumbering any 
or 
section 
number 
to 
read 
S~Y 
This amendment codifies the pay range of 2 of the deputy 
commissioner positions within the Department of Health and Human 
Services 
and 
the positions within that department that are 
appointed and serve at the pleasure of the Commissioner of Health 
and Human Services. 
The amendment also adds provisions allowing 
the commissioner to transfer savings within personal services 
lines during fiscal year 2005-06 in order to fund reallocations 
of pay ranges.to achieve pay equity, requires the commissioner to 
report to 
the Joint Standing Committee 
on Health and 
Human 
Services on the progress towards goals established for the merger 
of 
the 
former 
Department 
of 
Human 
Services 
and 
the 
former 
Department of Behavioral and Developmental Services. 
It requires 
the child welfare ombudsman program, the long-term care ombudsman 
program and the Office of Advocacy within the Department of 
Health and Human Services to report to the committee by February 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT ,A, to S.P. 608, L.D. 1642 
15, 2006 on ways to maximize their independence, effectiveness 
and ability to provide consumer advocacy and ombudsman services 
and long-term budget stability. 
FISCAL NOTE REQVIRED 
(See attached) 
COMMITTEE ~AMENDMENT 
Approved: 06/06/05 ~ac:.. 
LD 1642 
LR2344(02) 
An Act To Further the Transition to the New Department of Health and Human Services 
Fiscal Note for Bill as Amended by Committee Amendment ,A 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Fiscal Detail and Notes 
The language in Section 7 granting the Commissioner authority to transfer funds within personal services lines to 
provide pennanent ongoing funding for pay range reallocations could result in a reduction in personal services 
balances lapsed to the General Fund. Any non-Section 7 fiscal impact to the Department of Health and Human 
Services to implement this bill is expected to be minor. The additional costs associated with legislative staff 
participation in the working group regarding the Department of Health and Human Services' accounting structure can 
be absorbed by the Legislature utilizing existing budgeted resources. 
LR2344(2) - Fiscal Note - Page 1 of 1