Resolve, To Clarify and Improve the Eligibility Process for Services for Persons with Intellectual Disabilities or Autism
Maine Legislature, Session 126, LD 0579
Committee: Health and Human Services
Sponsors: WELSH, HAMPER, FARNSWORTH, GATTINE, GRAHAM, MALABY, PETERSON

Legislative Document 
No. 579 
H.P. 398 
House of Representatives, February 21, 2013 
Resolve, To Clarify and Improve the Eligibility Process for Services 
for Persons with Intellectual Disabilities or Autism 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WELSH of Rockport. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: FARNSWORTH of Portland, GATTINE of Westbrook, GRAHAM of North 
Yarmouth, MALABY of Hancock, PETERSON of Rumford. 
Sec. 1.  Eligibility for services for persons with intellectual disabilities or 
autism.  Resolved:  That, by January 1, 2014, the Department of Health and Human 
Services, referred to in this resolve as "the department," shall undertake a process to 
amend its rules and update the criteria for eligibility with respect to applicants for 
services for persons with intellectual disabilities or autism.  Rules adopted pursuant to 
this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A.  The department shall adopt eligibility criteria developed by 
the American Association on Intellectual and Developmental Disabilities and define 
"significant limitations" with respect to both intellectual functioning and adaptive 
behavior.  The application and eligibility process must allow for retrospective diagnosis 
to address a person who did not receive a diagnosis of intellectual disability or autism 
during the person's developmental period and must allow consideration by the department 
of information acquired after diagnosis.  The application and eligibility process must 
provide for reapplication when new information is obtained, even if it is obtained after 
the developmental period.  The application and eligibility process must, when an 
applicant has produced evidence of diagnostic testing results indicating that the applicant 
is eligible in accordance with the eligibility guidelines, place the burden of proof on the 
department to prove that the applicant is not eligible.  The application and eligibility 
process must also include a process to appeal a decision by the department, with the 
appeal to be heard by a person who is independent of the department and who has 
expertise in psychological and adaptive behavior testing; and be it further 
Sec. 2.  Stakeholder group.  Resolved:  That the department shall convene a 
stakeholder group to develop a guide for Legislators and consumers that explains and 
provides information about the application and eligibility process for services for persons 
with intellectual disabilities or autism developed pursuant to section 1; and be it further 
Sec. 3.  Intellectual disabilities complex case committee.  Resolved:  That, 
by January 1, 2014, the department shall adopt rules relating to the department's 
intellectual disabilities complex case committee.  The rules must clarify the roles and 
responsibilities of the intellectual disabilities complex case committee and must provide 
opportunities for applicants, guardians and families to address the committee and 
opportunities to appeal the recommendations of the committee.  Rules adopted pursuant 
to this section are routine technical rules as defined by the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-A. 
SUMMARY 
This resolve directs the Department of Health and Human Services to undertake a 
process to update the criteria for eligibility for services for persons with intellectual 
disabilities or autism.  The resolve directs the department to convene a stakeholder group 
to develop a guide to the application and eligibility process.  The resolve directs the 
department to adopt routine technical rules relating to the department's intellectual 
disabilities complex case committee.  The resolve designates both sets of rules as routine 
technical rules and requires adoption of the rules by January 1, 2014.