An Act To Change the Evaluation Criteria for Those with Developmental Disabilities
Maine Legislature, Session 123, LD 1868
Committee: Health and Human Services
Sponsors: GROSE, BEAUDOIN, BURNS, CRA YEN, FAIRCLOTH, PRIEST, VALENTINO
Amends: 34-B MRSA §5001, 34-B MRSA §5003

Legislative Document 
No. 1868 
H.P.1300 
House of Representatives, April 24, 2007 
An Act To Change the Evaluation Criteria for Those with 
Developmental Disabilities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative GROSE of Woolwich. 
11/~ 
117.1JJ~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAUDOIN of Biddeford, BURNS of Berwick, CRA YEN 
of Lewiston, FAIRCLOTH of Bangor, PRIEST of Brunswick, VALENTINO of Saco, 
W ALCOTT of Lewiston. 
Pnmcd lH' fttycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-B MRSA §5001, sub-§l-B is enacted to read: 
I-B. Developmental disability. "Developmental disability" means a severe, chronic 
disability of an individualS years of age or older that: 
A. Is attributable to a mental or physical impairment or combination of mental and 
physical impairments; 
B. Is manifested before the individual attains 22 years of age; 
C. Is likely to continue indefinitely; 
. D. Results in substantial functional limitations in 3 or more of the following areas of 
major life activity: 
(1) Self-care; 
(2) Receptive and expressive language; 
(3) Learning; 
(4) Mobility; 
(5) Self-direction; 
(6) Capacity for independent living; and 
(7) Economic self-sufficiency; and 
E. 
Reflects the individual's need for a combination and seguence of special, 
interdisciplinary or generic services, supports or other assistance that is of lifelong or 
extended duration and is individually planned and coordinated, except that 
"developmental disability,'" when applied to infants and young children, means 
individuals from birth to 5 years of age who have substantial developmental delays or 
specific congenital or acguired conditions with high probabilities of resulting in 
developmental disabilities if services are not provided. 
Sec. 2. 34-B MRSA §5003, sub-§2, ~A, as amended by PL 1995, c. 560, Pt. K, 
§42,. is further amended to read: 
A. Provide a mechanism for the identification, and evaluation, of persons with a 
developmental disability that is not based on an intelligence guotient test and includes 
criteria for assessment of functional abilities and develop plans for the treatment and 
reassessment of and the provision of services to eligible persons with meRtaI 
FetaniatisR a developmental disability, including an habilitation program for every 
client served by the department; 
Sec. 3. Cost neutrality. The Department of Health and Human Services shall 
accomplish the goals of section 2 in a manner that does not increase administrative costs 
or the cost of providing services. 
Page I -123LRl076(Ol)-1 
SUMMARY 
This bill defines "developmental disability" and requires the Department of Health 
and Human Services to change the criteria that it currently uses to determine the 
eligibility of persons with a developmental disability for services. 
It requires the 
department to use methods that are not based on an intelligence quotient test and include 
criteria for the assessment of functional abilities. 
It requires the department to 
accomplish this goal in a manner that is cost neutral.