An Act To Make the Shared Living Program Accessible for Persons with Intellectual Disabilities or Autism (AFTER DEADLINE)
Maine Legislature, Session 130, LD 1649
Committee: Health and Human Services
Sponsors: LIBBY, TEPLER
Amends: 34-B MRSA §5001, 34-B MRSA §5437, 34-B MRSA §5438

Legislative Document
No. 1649
S.P. 536
In Senate, May 5, 2021
An Act To Make the Shared Living Program Accessible for Persons 
with Intellectual Disabilities or Autism
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Received by the Secretary of the Senate on May 3, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative TEPLER of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §5001, sub-§5-A is enacted to read:
5-A.  Shared living residence.  "Shared living residence" means a residence in which 
services are provided to a person with intellectual disabilities or autism by an individual 
with whom the person shares the residence and who has entered into a contract with the 
department to provide services to the person.
Sec. 2.  34-B MRSA §5437, first ¶, as amended by PL 2011, c. 542, Pt. A, §101, 
is further amended to read:
The department shall establish a contingency fund for use by community-based 
intermediate care facilities for persons with intellectual disabilities or autism, shared living 
residences and department clients residing in licensed boarding and foster homes or 
intermediate care facilities or participating in appropriate day treatment programs.  This 
fund must be used in accordance with the following provisions.
Sec. 3.  34-B MRSA §5437, sub-§3, ¶B, as enacted by PL 1985, c. 486, §2, is 
amended to read:
B.  Payment for special client needs, such as eyeglasses and wheelchairs and 
nonreimbursable medications; or
Sec. 4.  34-B MRSA §5437, sub-§3, ¶C, as enacted by PL 1985, c. 486, §2, is 
amended to read:
C.  Payment for special staff needs to ensure appropriate client treatment.; or
Sec. 5.  34-B MRSA §5437, sub-§3, ¶D is enacted to read:
D.  Payment for home accessibility adaptations to shared living residences, regardless 
of who owns or rents the residence.
Sec. 6.  34-B MRSA §5438, as amended by PL 2011, c. 542, Pt. A, §103, is further 
amended to read:
§5438.  Services for adults with diagnoses of intellectual disabilities or other 
developmental disabilities
To the extent possible using available resources, the department shall provide adults 
with diagnoses of intellectual disabilities and other developmental disabilities choices from 
among an array of supports and services, including but not limited to: employment 
supports, personal supports, home accessibility adaptations, day programs and residential 
services.  The department shall pursue appropriate resources for the supports and services 
needed by adults covered under this chapter.
Sec. 7.  Shared living program working group.  The Department of Health and 
Human Services shall convene a working group to review the department's shared living 
program for persons with intellectual disabilities or autism and evaluate whether to modify 
the program to provide different stipend rates to shared living providers based on the needs 
of the person served.  The working group must include a person with intellectual disabilities 
or autism.  The department shall report the findings of the working group to the Joint 
Standing Committee on Health and Human Services by December 1, 2021.
SUMMARY
This bill authorizes payment from the Department of Health and Human Services 
community-based services contingency fund for home accessibility adaptations to shared 
living residences.  It also requires the department to evaluate whether to modify the shared 
living program for persons with intellectual disabilities or autism to provide different 
stipend rates to shared living providers based on the needs of the persons served.