2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 2: PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM; SERVICES › 34-B §5201. Duties

§5201. Duties
The Department of Health and Human Services is responsible for:   [PL 1995, c. 560, Pt. K, §47 (AMD); PL 1995, c. 560, Pt. K, §83 (AFF); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
1.  Institutional programs.
[PL 2007, c. 356, §18 (RP); PL 2007, c. 356, §31 (AFF).]
2.  Statewide system.
The planning, promotion, coordination and development of a complete and integrated statewide system of services for adults with intellectual disabilities or autism;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
3.  Liaison.
Serving as liaison, coordinator and consultant to the several state departments in order to develop the statewide system of services for adults with intellectual disabilities or autism;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
4.  Community-based services.
Ensuring that adults with intellectual disabilities or autism residing in community residential facilities, including nursing homes, boarding homes, foster homes, group homes or halfway houses licensed by the Department of Health and Human Services, are provided, insofar as possible, with residential accommodations and access to habilitation services appropriate to their needs;
[PL 2011, c. 542, Pt. A, §91 (AMD).]
5.  Protective and supportive services.
Providing protective and supportive services, in accordance with section 5203, to incapacitated and dependent persons who, with some assistance, are capable of living and functioning in society;
[PL 2007, c. 356, §18 (AMD); PL 2007, c. 356, §31 (AFF).]
6.  Individual support coordinators.
Providing persons with intellectual disabilities or autism who are eligible for MaineCare services with case management services.
A. Case management services as defined in rules may be provided by qualified staff employed by the department or a contracted agency.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
B. Unless otherwise specified in personal planning:
(1) Case managers shall maintain at least monthly contact with each person in order to ensure that the quality and availability of services and consumer satisfaction are maintained at a high level; and
(2) Visits to the person’s home must occur at least twice a year.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
C. The department shall ensure that case managers maintain adequate written and electronic records to permit monitoring and accountability.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
D. The department shall provide sufficient numbers of case managers and supervisors to fulfill the duties specified in this subsection and shall maintain an overall ratio of one case manager to every 35 people in each region. The ratio must be calculated separately for staff employed by the department and by contracted agencies, and this ratio must be maintained for each group;   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
[PL 2011, c. 542, Pt. A, §92 (AMD).]
7.  Crisis and respite.
Provision of crisis and respite services to persons with intellectual disabilities or autism in accordance with section 5206; and
[PL 2011, c. 542, Pt. A, §92 (AMD).]
8.  Quality assurance.
Developing through its comprehensive planning process goals and objectives for the department’s quality assurance program.
A. The department shall determine at least annually appropriate quality assurance activities and strategies to achieve the goals and objectives of the program, with the overall purpose of assessing the quality of services and supports, consumer and family satisfaction with such services and supports and the consistency of such services and supports with the principles guiding delivery of services and supports as set forth in section 5610.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
B. The department shall prepare an annual report of its quality assurance activities and such other periodic reports as it determines appropriate.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
C. The department shall develop appropriate procedures for formulating and disseminating recommendations emanating from its quality assurance activities and for ensuring follow-up of the implementation of such recommendations.   [PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
[PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
9.  Rules.
The department shall adopt rules to implement this section as necessary. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
[PL 2007, c. 356, §18 (NEW); PL 2007, c. 356, §31 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC28 (AMD). PL 1993, c. 738, §E1 (AMD). PL 1993, c. 738, §E6 (AFF). PL 1995, c. 560, §K47 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 356, §18 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §§91, 92 (AMD).