An Act To Restructure the Department of Health and Human Services
Maine Legislature, Session 125, LD 1887
Committee Amendment CA_A_S533 (Senate)
Amends: 5 MRSA §20005, 22 MRSA §7249, 22 MRSA §5104, 22 MRSA §5106, 34-B MRSA §1223, 34-B MRSA §5005, 34-B MRSA §5604, 34-B MRSA §5604-A, 34-B MRSA §5605

COMMITTEE AMENDMENT " A" to S.P. 664, L.D. 1887, Bill, "An Act To 
Restructure the Department of Health and Human Services" 
Amend the bill in Part A by striking out all of section 19 and inserting the following: 
'Sec. A-19. 5 MRSA §20005, sub-§6, as amended by PL 2011, c. 542, Pt. A, §6, 
is further amended to read: 
6. Contracts and licensing. Through the direetor commissioner: 
A. Administer all contracts with community service providers for the delivery of 
alcohol and drug abuse services; 
A-l. Administer all contracts with community service providers for the delivery of 
gambling addiction counseling services; and 
B. Establish operating and treatment standards and inspect and issue certificates of 
approval for approved treatment facilities, drug abuse treatment facilities or 
programs, including residential treatment centers, community-based service providers 
and facilities that are private nonmedical institutions pursuant to section 20024 and 
subchapter 5. 
The commissioner may delegate contract and licensing duties under this subsection to the 
Department of Health and Human Serviees, the Department of Corrections or other 
divisions of the de~artment as long as that delegation ensures that contracting for alcohol 
and other drug abuse services provided in community settings are i§. consolidated within 
the De~artment of Health and Heman Serviees department, that contracting for alcohol 
and other drug abuse services delivered within correctional facilities are is consolidated 
within the Department of Corrections and that contracting for alcohol and other drug 
abuse services delivered within mental health facilities or as a component of programs 
serving persons with intellectual disabilities or autism are i§. consolidated within the 
department. 
The commissioner may not delegate contract and licensing duties if that delegation results 
in increased administrative costs. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 664, L.D. 1887 
The commissioner may not issue requests for proposals for existing contract services until 
the commissioner has adopted rules in accordance with the Maine Administrative 
Procedure Act to ensure that the reasons for which existing services are placed out for bid 
and the performance standards and manner in which compliance is evaluated are 
specified and that any change in provider is accomplished in a manner that fully protects 
the consumer of services. 
The commissioner shall establish a procedure to obtain assistance and advice from 
consumers of alcohol and other drug abuse services regarding the selection of contractors 
when requests for proposals are issued;' 
Amend the bill in Part A in section 25 in §20007 in the first paragraph in the first line 
(page 6, line 31 in L.D.) by striking out the following: "efHee department and council" 
and inserting the following: 'office afld couRcil department' 
Amend the bill in Part A by striking out all of section 68 and inserting the following: 
'Sec. A-68. 22 MRSA §7249, as amended by PL 2011, c. 477, Pt. K, §1, is further 
amended to read: 
§7249. Reporting of prescription monitoring information 
1. Information required. Each dispenser shall submit to the efHee department, by 
electronic means or other format specified in a waiver granted by the efHee department, 
specific items of information regarding dispensed controlled substances determined by 
the office from the following list: 
A. The dispenser identification number; 
B. The date the prescription was filled; 
C. The prescription number; 
D. Whether the prescription is new or is a refill; 
E. The National Drug Code (NDC) for the drug dispensed; 
F. The quantity dispensed; 
G. The dosage; 
H. The patient identification number; 
1. The patient name; 
J. The patient address; 
K. The patient date of birth; 
L. The prescriber identification number; 
M. The date the prescription was issued by the prescriber; and 
N. 
The office issued department-issued serial number if the efHee department 
chooses to establish a serial prescription system. 
2. 
Frequency. 
Each dispenser shall submit the information required under 
subsection 1 as frequently as specified by the eftioe department. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 664, L.D. 1887 
3. Waiver. The effiee department may grant a waiver of the electronic submission 
requirement under subsection 1 to any dispenser for good cause, including financial 
hardship, as determined by the effiee department. The waiver must state the format and 
frequency with which the dispenser is required to submit the required information. 
4. Immunity from liability. A dispenser is immune from liability for disclosure of 
information if the disclosure was made pursuant to and in accordance with this chapter. 
5. Participation requirements. If less than 90% of the prescribers in a class of 
prescribers described in paragraphs A to F are registered in the program on January 1, 
2014, then all the members of that class of prescribers shall register in the program by 
March 1, 2014. 
The following are the classes of prescribers that are subject to the 
provisions of this subsection: 
A. Allopathic physicians licensed pursuant to Title 32, chapter 48, subchapter 2; 
B. Osteopathic physicians licensed pursuant to Title 32, chapter 36; 
C. Dentists licensed pursuant to Title 32, chapter 16, subchapter 3; 
D. Physician assistants licensed pursuant to Title 32, chapter 48, subchapter 2; 
E. Podiatrists licensed pursuant to Title 32, chapter 51; and 
F. Advanced practice registered nurses licensed pursuant to Title 32, chapter 31, 
subchapter 3.' 
Amend the bill in Part A by striking out all of section 75. 
Amend the bill in Part B by inserting after section 4 the following: 
'Sec. B-5. 22 MRSA §5104, sub-§4, as repealed and replaced by PL 1973, c. 793, 
§3, is repealed.' 
Amend the bill in Part B by striking out all of section 8 and inserting the following: 
'Sec. B-S. 22 MRSA §5106, as amended by PL 2011, c. 542, Pt. A, §§39 and 40, 
is further amended to read: 
§5106. Powers and duties 
The ffiH:e.a\:l department shall establish, in accordance with the purposes and intent of 
this Part, 'with the advioe of the oommittee aBd stlbjeot to the direotioB of the 
6ommissioBer, the overall planning, policy, objectives and priorities for all functions and 
activities conducted or supported in the State whieh that relate to Maine's aging 
popUlation and incapacitated and dependent adults. In order to carry out the above, the 
btlfeatl shall have department has the power and duty to: 
1. Encourage and assist development. Encourage and assist development of more 
coordinated use of existing and new resources and services relating to Maine's aging 
population and incapacitated and dependent adults; 
2. Information system. Develop and maintain an up-to-date information system 
related to Maine's aging population and incapacitated and dependent adults. 
The 
information shall must be available for use by the people of Maine, the political 
subdivisions, public and private nonprofit agencies and the State. Educational materials 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
shall must be prepared, published and disseminated. Objective devices and research 
methodologies shall must be continuously developed. Maintaining statistical information 
through uniform methods wffieh that are reasonably feasible and economically efficient 
shall must be specified for use by public and private agencies, organizations and 
individuals. Existing sources of information shall must be used to the fullest extent 
possible, while maintaining confidentiality safeguards of state and federal law. 
Information may be requested and shall be received from any State Go¥effH'l'leHt state 
government or public or private agency. 
To the extent reasonable and feasible, 
information shall must maintain compatibility with federal information sharing standards. 
Functions of this information system shall include, but are not be limited to: 
A. Conducting research on the causes and nature of problems relating to Maine's 
aging population and incapacitated and dependent adults; 
B. Collecting, maintaining and disseminating such knowledge, data and statistics 
related to Maine's aging population and incapacitated and dependent adults as will 
enable the blifeal:1 department to fulfill its responsibilities; 
C. Determining through a detailed survey the extent of problems relating to Maine's 
aging population and incapacitated and dependent adults and the needs and priorities 
for solving such problems in the state and political subdivisions; 
D. Maintaining an inventory of the types and quantity of facilities, programs and 
services operated under public or private auspices for Maine's aging popUlation and 
incapacitated and dependent adults. This function shall must include: The the 
unduplicated count, location and characteristics of people served by each facility, 
program or service; and the amount, type and source of resources supporting 
functions related to Maine's aging population and incapacitated and dependent adults; 
and 
E. 
Conducting a continuous evaluation of the impact, quality and value of facilities, 
programs and services, including their administrative adequacy and capacity. 
Activities operated by or with the assistance of the State and the Federal 
GO'lernmeHts Government must be evaluated. Activities to be included, but to which 
the btH=eal:l department is not limited, are those relating to education, employment and 
vocational services,' income, health, housing, transportation, community, social, 
rehabilitation, protective services and public guardianship or conservatorship for 
older people and incapacitated and dependent adults and programs such as the 
supplemental security income program, Medicare, Medicaid, property tax refunds 
and the setting of standards for the licensing of nursing, intermediate care and 
boarding homes. Included are activities as authorized by this and so much of the 
several Acts and amendments to them enacted by the people of the State and those 
authorized by United States Acts and amendments to them such as the: 
(1) Elderly Householders Tax and Rent Refund Act of 1971; 
(2) Priority Social Services Act of 1973; 
(3) Chapter 470 ofthe public laws of 1969 creating the State Housing Authority; 
(4) United States Social Security Act of 1935; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
(5) United States Housing Act of 1937; 
(6) United States Older Americans Act of 1965; 
(7) United States Age Discrimination Act of 1967; 
(8) Home Based Care Act of 1981; 
(9) Congregate Housing Act of 1979; 
(10) Adult Day Care Services Act of 1983; 
(11) Adult Day Care Licensing Act of 1987; 
(12) Adult Protective Services Act of 1981; 
(13) The Uniform Probate Code, Title 18-A; 
(14) The Americans with Disabilities Act of 1990; 
(15) The Developmental Disabilities Assistance and Bill of Rights Act of 2000; 
and 
(16) The ADA Amendments Act of2008; 
3. Coordination of efforts. Assist, with the adviee of the eommittee, the Legislative 
and Executive Branches of State Government, especially the Governor, Commissioner of 
Health and lltifHan 8erviees and the Bureau of the Budget, to coordinate all State 
Government efforts relating to Maine's aging population and incapacitated and dependent 
adults, by: 
A. Submitting to each branch of State Government no later than September 1 st of 
each year an annual report covering its activities for the immediately past fiscal year 
and future plans, including recommendations for changes in state and federal laws, 
and ineluding reflorts of the eommittee; 
B. 
Reviewing all proposed legislation, fiscal activities, plans, policies and other 
administrative functions relating to Maine's aging population and incapacitated and 
dependent adults made by or requested of all state agencies. The bureau shall have 
department has the authority to submit to those bodies findings, comments and 
recommendations, which shall be are advisory. Such findings and comments shall 
must recommend what modification in proposals or actions shall be taken is required 
to make proposed legislation, fiscal activities and administrative activities consistent 
with such policies and priorities; and 
C. Making recommendations to the respective branches of State Government related 
to improving the quality of life of Maine's aging population and incapacitated and 
dependent adults~ and shall consult with and be consulted by all responsible state 
agencies regarding the policies, priorities and objectives of functions related to 
Maine's aging population and incapacitated and dependent adults; 
4. Comprehensive state plan. Prepare and administer a comprehensive state plan 
relating to Maine's aging population and incapacitated and dependent adults, developed 
by the blHeau with the advise of the eommittee and department subject to the direction of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
the commissioner. The comprehensive state plan shall must be implemented for the 
purpose of coordinating all activities and of assuring compliance with applicable state and 
federal laws and regulations relating to Maine's aging population and incapacitated and 
dependent adults. Implementation of this duty shall meaa means that the bw-elm shall 
ha¥e department has the authority, through a review process, to advise on the preparation 
and administration of any portion of any state plan relating to Maine's aging population 
and incapacitated and dependent adults, prepared and administered by any agency of 
State Government for submission to the Federal Government to obtain federal funding 
under federal legislation. Such state plans, or portions thereof, shall must include, but are 
not be limited to, all state plans dealing with education, employment and vocational 
services, income, health, housing, protective services, public guardianship and 
conservatorship, rehabilitation, social services, transportation and welfare. The bm=eatt 
department shall advise the commissioner and Governor on preparation of and provisions 
to be included in such plans relating to Maine's aging population and incapacitated and 
dependent adults; 
5. Programs. Plan, establish and maintain necessary or desirable programs for 
individuals or groups of individuals. The bm=eatt department may use the full range of its 
powers and duties to serve Maine's aging population and incapacitated and dependent 
adults through indirect services provided by agreement and through direct services 
provided by state employees; 
6. Organizational unit. Function as the organizational unit of State Government 
with sole responsibility for conducting and coordinating, with the adviee of the 
eommittee aad subject to the direction of the commissioner, programs authorized by this 
Part and so much of the several Acts, amendments and successors to them enacted by the 
people of the State and those authorized by the United States Acts, amendments and 
successors to them as relate to Maine's aging population and incapacitated and dependent 
adults: 
A. The 1973 Act of Maine's Elderly; 
B. The Priority Social Service Act of 1973, including only meals for older people, 
transportation for older people and coordinated elderly programs; 
C. The United States Older Americans Act of 1965; and 
D. Adult Protective Services Act of 1981. 
The bm=eatt department is designated as the single agency of State Government solely 
responsible for administering, subj ect to the direction of the commissioner, any state 
plans as may be required by the above Acts, and for administering programs of Acts of 
the State or United States relating to Maine's aging population and incapacitated and 
dependent adults whish that are not the specific responsibility of another state agency 
under state or federal law; 
7. 
Mobilize resources. 
Help communities mobilize their resources to benefit 
Maine's aging population and incapacitated and dependent adults. The bm=eati department 
shall provide or coordinate the provision of information, technical assistance and 
consultation to state, regional and local governments, and to public and private nonprofit 
agencies, institutions, organizations and individuals. The help shall be i§ for the purpose 
of encouraging, developing and assisting with the initiation, establishment and 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to S.P. 664, L.D. 1887 
administration of any plans, programs or services with a view to the establishment of a 
statewide network of comprehensive, coordinated services and opportunities for Maine's 
aging population and incapacitated and dependent adults. 
Included in this duty is 
authority to coordinate the efforts and enlist the assistance of all public and private 
agencies, organizations and individuals interested in Maine's aging population and 
incapacitated and dependent adults; 
8. Funds. Seek and receive funds from the Federal Government and private sources 
to further its activities. Included in this function is authority to solicit, accept, administer, 
disburse and coordinate for the State in accordance with the intent, objectives and 
purposes of this Part; and within any limitation wffieh that may apply from the sources of 
such funds, the efforts to obtain and the use of any funds from any source to benefit 
Maine's aging population and incapacitated and dependent adults. Any gift of money or 
property made by will or otherwise, and any grant or other funds appropriated, services or 
property available from the Federal Government, the State or any political subdivision 
thereof and from all other sources, public or private, may be accepted and administered. 
The ~ 
department may do all things necessary to cooperate with the Federal 
Government or any of its agencies in making application for any funds. Included in this 
duty is authority to advise regarding the disbursement of all state funds, or funds 
administered through agencies of State Government, appropriated or made available to 
benefit Maine's aging population and incapacitated and dependent adults; 
9. Agreements. Enter into agreements necessary or incidental to the performance of 
its duties. Included is the power to make agreements with qualified community, regional 
and state level, private nonprofit and public agencies, organizations and individuals in 
this and other states to develop or provide facilities, programs and services for Maine's 
aging population and incapacitated and dependent adults. 
Agreements with such 
agencies, organizations and individuals sflal.l. may be executed only with agencies 
reviewed by the eommittee fH:lfSQaflt to seetiofl 5112, s$seetiofl 4, afld the area agency 
pursuant to section 5116, subsection 1, paragraph B. The ~ 
department may engage 
expert advisors and assistants, who may serve without compensation or may be 
compensated to the extent funds may be available by appropriation, grant or allocation 
from a state department. The ffiH:em:l department may pay for such expert advisors or 
assistants; 
10. Rules. Prepare, adopt, amend, rescind and administer, with the adviee of the 
eommittee afld subject to the direction of the commissioner, policies, priorities, 
procedures, and rules afld regulatiofls to govern its affairs and the development and 
operation of facilities, programs and services. The ~ 
department may adopt rules to 
carry out the powers and duties pursuant to this Part and in accordance with the purpose 
and objectives of this Part. It shall especially adopt such rules afld regulatiofls as may be 
necessary to define contractual terms, conditions of agreements and all other rules as are 
necessary for the proper administration of this Part. Such adoption, amendment and 
rescission sflal.l. must be made as provided under the Maine Administrative Procedure 
Act, Title 5, ehapter 375; 
11. Educational program. Develop and implement, as an integral part of programs, 
an educational program. 
Assist; assist in the development of, and cooperation with, 
educational programs for employees of state and local governments and businesses and 
industries in the State. COflvefle; and convene and conduct conferences of public and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 664, L.D. 1887 
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private nonprofit organizations concerned with the development and operation of 
programs for Maine's aging population and incapacitated and dependent adults. Included 
shall ee is the power to sponsor in eo operation with the eOHlfflittee the Blaine House 
Conference on Aging; 
ll-A. Elderly Legal Services Program. Support and maintain an Elderly Legal 
Services Program, by agreement with such nonprofit organization as the ffiH:ea\:I: 
department finds best able to provide direct services to those of Maine's elderly in 
greatest economic and social need throughout the State; 
ll-B. Adult protective services. Administer a program of protective services as 
provided in chapter 958-A designed to protect incapacitated and dependent adults from 
abuse, neglect, exploitation and physical danger. The program is described in the Adult 
Protective Services Act; 
ll-C. Long-term care ombudsman program. Support and maintain a long-term 
care ombudsman program, in accordance with the federal 1987 Older Americans Act, 42 
United States Code, as amended, by agreement with such nonprofit organization as the 
ffiH:ea\:I: department finds best able to provide the services; 
12. Training programs. Foster, develop, organize, conduct or provide for the 
conduct of training programs for persons in the field of serving Maine's aging population 
and incapacitated and dependent adults; 
13. Coordinate activities. Coordinate activities and cooperate with programs in this 
and other states for the common advancement of programs for Maine's aging population 
and incapacitated and dependent adults; and 
14. Establish and maintain an effiee. Estaelish and maintain an offiee; and 
15. 
Duties. 
Do such other acts and exercise such other powers necessary or 
convenient to execute and carry out the purposes and authority expressly granted in this 
Part.' 
Amend the bill in Part E by striking out all of sections 3 and 4 and inserting the 
following: 
'Sec. E-3. 34-B MRSA §1223, sub-§10,~, as amended by PL 2011, c. 542, Pt. 
A, §68, is further amended to read: 
B. The ehief ad'loeate and the manager of ad-1:1lt proteetive serviees in the Offiee of 
Adl:llts vlith Gogniti'fe and Physieal Disaeility Serviees within advocacy agency 
designated pursuant to Title 5, section 19502, or the department, when requested by 
the board or pursuant to a written agreement with the board, shall release to the board 
information pertaining to alleged abuse, exploitation or neglect or alleged 
dehumanizing practice or violation of rights of a person with intellectual disabilities 
or autism. The board shall maintain the confidentiality of information disclosed to it 
or discovered by it as required by section 1207. 
Sec. E-4. 34-B MRSA §5005, as amended by PL 2011, c. 542, Pt. A, §§85 to 90, 
is repealed.' 
Amend the bill in Part E by striking out all of sections 7 and 8 and inserting the 
following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
'Sec. E-7. 34-B MRSA §5604, sub-§3, ~A, as amended by PL 2011, c. 542, Pt. 
A, §127, is further amended to read: 
A. The department shall provide easily accessible and regular notice of the grievance 
process to persons with intellectual disabilities or autism served by the department. 
This notice must be included in informational materials provided to such persons, as 
well as to guardians, families, correspondents and allies. Notice of the right to appeal 
must be prominently displayed in regional offices and on the department's publicly 
accessible website and must be readily available from provider agencies. Notice of 
the right to appeal must be included in all substantive correspondence regarding 
personal planning. Written notice of the right to appeal must also be provided when 
there is a denial or reduction of services or supports to persons served by the 
department. All notices and information regarding the grievance process must be 
written in language that is plain and understandable and must include the address and 
telephone number of the Office of Advocacy aAd the protection and advocacy agency 
designated pursuant to Title 5, section 19502. 
Sec. E-S. 34-B MRSA §5604-A, sub-§3, as amended by PL 2011, c. 542, Pt. A, 
§ 128, is further amended to read: 
3. Violation. All persons with knowledge of an alleged violation of the rights of an 
individual with an intellectual disability or autism as set out in section 5605 shall 
promptly report the details of the alleged violation to the Office of Advocacy advocacy 
agency designated pursuant to Title 5, section 19502 as set forth in department rules.' 
Amend the bilI in Part E by striking out all of section 10 and inserting the following: 
'Sec. E-IO. 34-B MRSA §5605, sub-§14-A, as amended by PL 2011, c. 542, Pt. 
A, §129, is further amended to read: 
14-A. Restraints. A person with an intellectual disability or autism is entitled to be 
free from restraint unless: 
A. The restraint is a short-term step to protect the person from imminent injury to 
that person or others; or 
B. 
The restraint has been approved as a behavior management program in 
accordance with this section. 
A restraint may not be used as punishment, for the convenience of the staff or as a 
substitute for habilitative services. 
A restraint may impose only the least possible 
restriction consistent with its purpose and must be removed as soon as the threat of 
imminent injury ends. A restraint may not cause physical injury to the person receiving 
services and must be designed to allow the greatest possible comfort and safety. 
Daily records of the use of restraints identified in paragraph A must be kept, which may 
be accomplished by meeting reportable event requirements. 
Daily records of the use of restraints identified in paragraph B must be kept, and a 
summary of the daily records pertaining to the person must be made available for review 
by the person's planning team, as defined in section 5461, subsection 8-C, on a schedule 
determined by the team. The review by the personal planning team may occur no less 
frequently than quarterly. 
The summary of the daily records must state the type of 
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COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
restraint used, the duration of the use and the reasons for the use. A monthly summary of 
all daily records pertaining to all persons must be relayed to the Offiee sf Aayseaey 
advocacy agency designated pursuant to Title 5, section 19502.' 
Amend the bill by striking out all of Parts F and G and inserting in the following: 
'PARTF 
Sec. F-l. Restructuring. The Commissioner of Health and Human Services shall 
review the current organizational structure, systems and operations of the Department of 
Health and Human Services and restructure the department in order to achieve the 
provisions of this Act. Notwithstanding any other provision of law, the State Budget 
Officer shall transfer positions, appropriations and allocations between accounts and line 
categories by financial order upon approval of the Governor in order to achieve the 
provisions of this Act. Transfers by the State Budget Officer made prior to September 1, 
2012 are considered adjustments to authorized position count, appropriations and 
allocations in fiscal year 2012-13. On or before December 1, 2012, the commissioner 
and the State Budget Officer shall provide the joint standing committees of the 
Legislature having jurisdiction over health and human services matters and appropriations 
and financial affairs a report outlining the progress towards the new organizational 
structure and any transferred amounts. On or before June 30, 2013, the commissioner and 
the State Budget Officer shall provide the joint standing committees of the Legislature 
having jurisdiction over health and human services matters and appropriations and 
financial affairs a report updating the progress towards the new organizational structure 
and any transferred amounts made subsequent to the December 1, 2012 report. 
PARTG 
Sec. G-l. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS) 
Developmental Services - Community 0122 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Children 0136 
2011-12 
0.000 
$0 
$0 
2012-13 
(3.000) 
($224,577) 
($224,577) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
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COMMITTEE AMENDMENT" A "to S.P. 664, LD. 1887 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
2012-13 
(9.000) 
($704,020) 
($704,020) 
Initiative: Eliminates 17 Intensive Case Manager positions, 2 Mental Health Caseworker 
Supervisor positions, one Mental Health Worker III position and one Social Services 
Manager I position in the Mental Health Services - Community program and increases 
All Other funding to expand the Projects for Assistance in Transition from Homelessness 
program to a statewide model. The remaining savings will be used to contract for case 
management services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Mental Health Services - Community 0121 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(21.000) 
($1,041,182) 
$1,041,182 
$0 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Substance Abuse and Office of Adult Mental Health Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Office of Advocacy - BDS 0632 
2011-12 
0.000 
$0 
$0 
2012-13 
(4.000) 
($216,208) 
($216,208) 
Initiative: Eliminates one Public Service Manager II position and 6 full-time and one 
part-time Advocate positions to reflect the elimination of the Office of Advocacy and 
increases the current All Other appropriation of $38,292 by $291,763 in order to provide 
$330,055 for a contract for advocacy services. This request will reduce General Fund 
undedicated revenue by $140,259. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
2011-12 
0.000 
$0 
COMMITTEE AMENDMENT 
2012-13 
(7.500) 
($419,384) 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
All Other 
GENERAL FUND TOTAL 
Office of Substance Abuse 0679 
$0 
$291,763 
$0 
($127,621) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Substance Abuse and Office of Adult Mental Health Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
FEDERAL BLOCK GRANT FUND 
Personal Services 
FEDERAL BLOCK GRANT FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY BDS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2011-12 
2012-13 
$0 
$15,000 
$0 
$15,000 
2011-12 
2012-13 
$0 
$5,907 
$0 
$5,907 
2011-12 
2012-13 
$0 
($1,257,426) 
$0 
$5,907 
$0 
($1,251,519) 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Bureau of Child and Family Services - Central 0307 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2011-12 
0.000 
$0 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
35.000 
$774,988 
$1,151,783 
$1,926,771 
_. ,~C3. 
," 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Child and Family Services - Regional 0452 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
(27.000) 
($1,727,713) 
($2,656,179) 
($4,383,892) 
2012-13 
$1,479,798 
($2,668,528) 
($1,188,730) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLA TNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Bureau of Medical Services 0129 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
2011-12 
$0 
$0 
$0 
2012-13 
16.000 
($6,230,149) 
$432,191 
($5,797,958) 
2012-13 
($21,372) 
($21,372) 
2012-13 
$7,322,251 
$975,406 
$8,297,657 
Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund 
and 50% Federal Expenditures Fund in the Bureau of Medical Services. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A .. to S.P. 664, L.D. 1887 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Food Program 0454 
2011-12 
$0 
$0 
$0 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
$83,362 
$5,000 
$88,362 
2012-13 
2.000 
$83,362 
$6,341 
$89,703 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
FEDERAL EXPENDITURES FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
Child Care Services 0563 
2011-12 
0.000 
$0 
$0 
$0 
2012-13 
(2.000) 
($82,533) 
($327) 
($82,860) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
FEDERAL BLOCK GRANT FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATNE COUNT 
0.000 
7.000 
Personal Services 
$0 
($140,825) 
All Other 
$0 
$41,647 
FEDERAL BLOCK GRANT FUND TOTAL 
$0 
($99,178) 
Child Support 0100 
Initiative: Establishes 8 Human Services Support Enforcement Agent positions funded 
34% General Fund and 66% Federal Expenditures Fund in the Child Support program. 
The General Fund portion of the positions is funded by the additional undedicated 
revenue generated by these additional positions. 
COMMITTEE AMENDMENT 
,. c. .. 
'.'. 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
GENERAL FUND 
2011-12 
2012-13 
Personal Services 
$0 
$174,240 
All Other 
$0 
$15,000 
GENERAL FUND TOTAL 
$0 
$189,240 
FEDERAL EXPENDITURES FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATNE COUNT 
0.000 
8.000 
Personal Services 
$0 
$338,240 
All Other 
$0 
$30,667 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
$368,907 
Departmentwide 0640 
Initiative: Provides funds in the Departmentwide program within the Department of 
Health and Human Services. Funds may be transferred between accounts and line 
categories as needed within the department by financial order upon approval of the 
Governor. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
IV -E Foster Carel Adoption Assistance 0137 
2011-12 
$0 
$0 
2012-13 
$841,932 
$841,932 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
All Other 
FEDERAL EXPENDITURES FUND TOTAL 
2011-12 
$0 
$0 
2012-13 
$1,418,655 
$1,418,655 
2011-12 
2012-13 
$0 ($15,143,042) 
$0 ($15,143,042) 
COMMITTEE AMENDMENT 
, ~. 
'0. 'J!> 
\"\.1 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Office of Elder Services Adult Protective Services Z040 
2011-12 
$0 
$0 
2012-13 
($72,393) 
($72,393) 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Elder and Adult Services and Office of Adults with Cognitive and 
Physical Disability Services. 
GENERAL FUND 
2011-12 
2012-13 
POSITIONS - LEGISLATNE COUNT 
0.000 
3.000 
Personal Services 
$0 
$320,194 
All Other 
$0 
$15,000 
GENERAL FUND TOTAL 
$0 
$335,194 
Purchased Social Services 0228 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
GENERAL FUND 
Personal Services 
GENERAL FUND TOTAL 
State-funded Foster Care/Adoption Assistance 0139 
2011-12 
$0 
$0 
2012-13 
$12,410 
$12,410 
Initiative: Provides for the restructuring of the Department of Health and Human 
Services' Office of Child and Family Services. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
FEDERAL EXPENDITURES FUND 
Personal Services 
All Other 
2011-12 
0.000 
$0 
$0 
$0 
2011-12 
$0 
$0 
COMMITTEE AMENDMENT 
2012-13 
(14.000) 
($1,173,774) 
$3,276,335 
$2,102,561 
2012-13 
$19,803 
$386,872 
\" 
COMMITTEE AMENDMENT" A" to S.P. 664, L.D. 1887 
FEDERAL EXPENDITURES FUND TOTAL 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
FEDERAL EXPENDITURES FUND 
OTHER SPECIAL REVENUE FUNDS 
FEDERAL BLOCK GRANT FUND 
SECTION TOTAL - ALL FUNDS 
$0 
2011-12 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
2011-12 
$0 
$0 
$0 
$0 
$0 
$406,675 
2012-13 
$205,995 
($5,652,788) 
($5,446,793) 
2012-13 
$1,117,167 
($18,765,881) 
$1,589,741 
($99,178) 
($16,158,151) 
2012-13 
($140,259) 
($18,765,881) 
$1,589,741 
($93,271) 
($17,409,670) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. The amendment clarifies 
that the authority of the Commissioner of Health and Human Services to restructure the 
Department of Health and Human Services is limited to actions to achieve the enacted 
provisions. The amendment corrects errors in the designation of fiscal years, requires the 
report from the Commissioner of Health and Human Services and the State Budget 
Officer by December 1, 2012 and requires another report by June 30, 2013. 
The 
amendment corrects appropriations and allocations in Part G. The amendment to Part G 
keeps as departmental personnel the intensive case managers who are connected to 
correctional facilities. The amendment retains the provisions of the bill that eliminate the 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" An to S.P. 664, L.D. 1887 
positions of departmental personnel who are intensive case managers for adult mental 
health clients of the department and contract out that service. 
This amendment also amends certain sections of the bill to incorporate changes to the 
laws in Public Law 2011, chapters 477 and 542. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 04/05112 ;tvac 
LD 1887 
LR 2805(02) 
An Act To Restructure the Department of Health and Human Services 
Fiscal Note for Bill as Amended by Committee Amendment" A" S" 53~ 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Expenditures Fund 
Other Special Revenue Funds 
Federal Block Grant Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
$0 
$0 
$0 
$0 
$0 
$0 
FY 2012-13 
$0 
($140,259) 
($18,765,881) 
$1,589,741 
($93,271) 
($140,259) 
Projections 
FY 2013-14 
($124,248) 
($399,507) 
($18,806,946) 
$1,839,983 
($97,318) 
($275,259) 
Projections 
FY 2014-15 
($391,272) 
($666,531) 
($18,849,244) 
$2,118,333 
($101,487) 
($275,259) 
The fiscal note reflects the net impact of changes to Department to Health and Human Services' appropriations, 
allocations, and positions included in the amended version of the bill. In total, 2012-13 Department of Health an 
Human Services' General Fund appropriations will decrease by $140,259 and 2012-13 General Fund undedicated 
revenue will decrease by $140,259, reflecting the loss of federal matching funds from the elimination of the Office of 
Advocacy in the Department of Health and Human Services. 
Position Impact Summary 
General Fund 
Other Special Revenue Funds 
Fed. Expenditure Fund 
Fed. Block Grant Fund 
Total Position Changes 
FY 2011-12 
FY 2012-13 
0.000 
-4.500 
0.000 
0.000 
0.000 
-19.000 
0.000 
7.000 
0.000 
-16.500 
LR2805(02) - Fiscal Note - Page 1 of 1 
Projections 
FY 2013-14 
-4.500 
0.000 
-19.000 
7.000 
-16.500 
Projections 
FY 2014-15 
-4.500 
0.000 
-19.000 
7.000 
-16.500