An Act To Address the Needs of Children with Intellectual Disabilities and Autism Spectrum Disorder
Maine Legislature, Session 129, LD 1178
Committee: Health and Human Services
Sponsors: STOVER, CRAVEN, HEPLER, MADIGAN, MEYER, PEBWORTH, PERRY, TALBOT ROSS, WARREN

Legislative Document
No. 1178
H.P. 852
House of Representatives, March 12, 2019
An Act To Address the Needs of Children with Intellectual 
Disabilities and Autism Spectrum Disorder
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Representatives: CRAVEN of Lewiston, HEPLER of Woolwich, MADIGAN 
of Waterville, MEYER of Eliot, PEBWORTH of Blue Hill, PERRY of Calais, TALBOT 
ROSS of Portland, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA c. 16 is enacted to read:
CHAPTER 16
CHILDREN'S DEVELOPMENTAL SERVICES
§16001.  Children's services
1.  Services provided.  The department shall provide comprehensive services to 
support children up to 21 years of age with intellectual disabilities or autism spectrum 
disorder and their families under a waiver pursuant to Section 1915(c) of the United 
States Social Security Act granted by the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services for home and community-based 
care.
2.  Family participation; care plan.  Services to a child under this chapter must be 
provided according to a care plan process established by rule of the department that 
requires the participation of the child's family, which includes, as applicable to the child, 
parents, legal guardians and a guardian ad litem.  The care plan must consider the safety 
of the child as the highest priority.  The care plan must address the child's developmental, 
mental health, emotional, social, educational and physical needs in the least restrictive 
environment.  Services provided must be clinically appropriate, be provided in a location 
as close to the child's home as possible, be provided in a timely manner and promote 
early identification and intervention.
3.  Rulemaking.  The department shall adopt rules to implement this chapter.  The 
rules must include, but are not limited to, establishing a care plan process, appropriate 
services, a flexible case management system that coordinates and adjusts to changing 
needs, appropriate reimbursement rates and a grievance process that complies with Title 
22-A, section 206, subsection 4 and includes time frames for resolving grievances in a 
timely manner.  Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  Waiver application.  No later than January 1, 2020, the Department of 
Health and Human Services shall apply for a waiver pursuant to Section 1915(c) of the 
United States Social Security Act to provide comprehensive home and community-based 
services to children up to 21 years of age with intellectual disabilities or autism spectrum 
disorder from the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services.
Sec. 3.  Rulemaking.  No later than 180 days after approval of the waiver pursuant 
to section 2, the Department of Health and Human Services shall adopt rules to 
implement the provision of services under the waiver as required in the Maine Revised 
Statutes, Title 34-B, section 16001, subsection 3.
Sec. 4.  Contingent effective date.  The section of this Act that enacts the Maine 
Revised Statutes, Title 34-B, chapter 16 takes effect upon approval of the waiver 
application required in section 2 and rulemaking required in section 3.
SUMMARY
This bill requires the Department of Health and Human Services to apply for a home 
and community-based waiver from the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services to provide services to children up 
to 21 years of age with intellectual disabilities or autism spectrum disorder.  Services 
must be provided according to a care plan process that requires participation by the child's 
family.  The care plan must address safety as the highest priority.  The care plan must 
address the child's developmental, mental health, emotional, social, educational and 
physical needs in the least restrictive environment.  Services must be clinically 
appropriate, be provided in a location as close to the child's home as possible, be provided 
in a timely manner and promote early identification and intervention.  The department is 
directed to apply for the waiver no later than January 1, 2020.  Upon approval of the 
waiver, the department is directed to adopt rules within 6 months.  The rules are major 
substantive rules.