Resolve, To Ensure That Standards for Performance-based Contracts for Individuals with Intellectual Disabilities Include All Employment Options
Maine Legislature, Session 126, LD 0496
Committee: Health and Human Services
Sponsors: FLOOD

Legislative Document 
No. 496 
S.P. 189 
In Senate, February 19, 2013 
Resolve, To Ensure That Standards for Performance-based 
Contracts for Individuals with Intellectual Disabilities Include All 
Employment Options 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator FLOOD of Kennebec. 
Preamble. Whereas, the Department of Health and Human Services has drafted 
performance standards for individuals served under a community support benefit 
provided under a federal 1915(c) waiver under the MaineCare Benefits Manual, Chapter 
101, Sections 21 and 29; and 
Whereas, the draft standards jeopardize current employment of at least 170 
individuals; and 
Whereas, the draft standards discourage subminimum wage options for these 
individuals, who have been designated as unemployable by the Department of Labor, 
Bureau of Rehabilitation Services, division of vocational rehabilitation; and 
Whereas, both federal and state laws recognize subminimum wage options to be 
acceptable for certain individuals, subject to applicable rules and certification; and 
Whereas, state law mandates that determination of support needs is the 
responsibility of the individual's personal planning team; and 
Whereas, while the draft standards may reflect achievable measures for the waiver 
system overall, they fail to address the needs of all individuals among the varying case 
mix among service providers; now, therefore, be it 
Sec. 1.  Standards. Resolved: That the Department of Health and Human 
Services shall continue working with provider agencies to develop standards that ensure 
that all employment options, including subminimum wage options, continue to be 
available for individuals served under a community support benefit provided under a 
federal 1915(c) waiver under the MaineCare Benefits Manual, Chapter 101, Sections 21 
and 29; and be it further 
Sec. 2.  Report. Resolved:  That the Department of Health and Human Services 
shall report to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters prior to implementing the standards developed under 
section 1 with an analysis of the impact on all individuals currently receiving services 
under a community support benefit provided under a federal 1915(c) waiver under the 
MaineCare Benefits Manual, Chapter 101, Sections 21 and 29 and the likely future 
impacts. 
SUMMARY 
This resolve directs the Department of Health and Human Services to continue 
working with provider agencies to develop standards to ensure consideration of all 
employment options, including subminimum wage options, under the MaineCare waiver 
program for individuals who are designated as unemployable. The resolve requires the 
department to report to the joint standing committee of the Legislature having jurisdiction 
over health and human services matters before implementing new standards.