Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 197 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 3 - DEFINITION OF MENTAL RETARDATION AND AUTISM; APPEAL PROCEDURE › Section 197-3-2 - POLICY STATEMENT ON PERVASIVE DEVELOPMENTAL DISORDERS

Current through 2024-29, July 17, 2024
The Office uses the definition of autism codified in
				   34-B MRSA
				  §6002. Autism refers to a developmental
				  disorder characterized by a lack of responsiveness to other people, gross
				  impairment in communicative skills and unusual responses to various aspects of
				  the environment, all usually developing within the first 30 months of age. In
				  addition, for purposes of this rule, an adult person with autism is one:
1. Whose diagnosis, as defined in the
				Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (American
				Psychiatric Association) is within the category of Pervasive Developmental
				Disorders, including Autistic Disorder, Rett's Disorder, Childhood
				Disintegrative Disorder, Asperger's Disorder, or Pervasive Developmental
				Disorder, Not Otherwise Specified; and manifested during the developmental
				period, (Developmental period is defined as age eighteen (18) years or
				younger).and
2. Who has been
				assessed as having an adaptive behavior score at least two standard deviations
				below the mean as measured by an adaptive behavior scale as described below.
				The office will require an adaptive behavioral scale test that has been
				completed within two years of the date of eligibility determination and
				reserves the right to request further testing.
3. 2. 1.
Assessment Tools
. Only
				the following assessment tools shall be used to determine a person's adaptive
				behavior score: Adaptive Behavior Assessment System (2d ed., known as ABAS-II),
				the Vineland Adaptive Behavior Scales (2d ed., known as Vineland-II), or other
				substantially similar assessment tool as approved by the Office. Adaptive
				behavior shall be assessed using one of these tools in the context of a
				clinical interview where, as deemed clinically necessary, the examiner is able
				to evaluate responses from one or more participants in the testing environment.
				Testing must occur in the least restrictive setting available.
3. 2. 2.
Assessment Process
. The
				intake process described in 34-B MRSA §5467 shall be followed. In
				addition, as part of the assessment process, the office will establish an
				advisory committee whose members shall be appointed by the Office Director as
				follows:
1. One member who is a employee of
				the Office of Adults with Cognitive and Physical Disabilities who shall act as
				the committee chair;
2. One member
				who is not an employee of the Department and is a psychologist who has a
				working background in the testing and treatment of Pervasive Developmental
				Disorders, is licensed to practice in Maine and meets the requirements to
				perform a comprehensive evaluation as set out in 34-B MRSA §5468;
				and
3. One member who is not an
				employee or provider with the department for any other service, is a
				professional with knowledge of clinical evaluation standards, testing protocols
				and eligibility criteria and has a working background in the testing and
				treatment of Pervasive Developmental Disorders.
When requested by the office, this committee shall render an
				  opinion, at any time, on an application for eligibility by reviewing the
				  complete record, including the intake record, and all evaluation and test
				  results. The committee may request additional information or testing. The
				  committee may provide opinions or concerns regarding the tests and evaluations
				  reviewed. The committee shall provide its opinions in a written report to the
				  office.