34-B §5203. Protective and supportive services
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 2: MENTAL RETARDATION SERVICES HEADING: PL 1995, C. 560, PT. K, §46 (RPR)
§5203. Protective and supportive services
1. Department authority. The department may provide protective or supportive services in response to complaints concerning, and requests for assistance from or on behalf of, all incapacitated persons, under the following conditions.
A. Except for seeking the appointment of a guardian, protective or supportive services may be initiated only:
(1) With the acquiescence of the incapacitated person; and
(2) After consultation, insofar as possible, with the family or the guardian of the incapacitated person. [1983, c. 459, §7 (NEW).]
B. The role of the department must be primarily that of supervision and coordination. [1995, c. 560, Pt. K, §48 (AMD).]
[ 1995, c. 560, Pt. K, §48 (AMD) .]
2. Payment for services. Payment for services under this section is governed as follows.
A. The department may pay for protective and supportive services to incapacitated persons from its own resources, by mobilizing available community resources or by purchase of services from voluntary or state agencies. [1995, c. 560, Pt. K, §49 (AMD).]
B. To the extent that assets are available to incapacitated persons or wards, the cost of services must be borne by the estate of persons receiving the services. [1993, c. 410, Pt. CCC, §30 (AMD).]
C. The department may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any incapacitated person, and shall apply those benefits toward the care and treatment of the incapacitated person. [1995, c. 560, Pt. K, §49 (AMD).]
D. The department may operate an adaptive equipment program. Reimbursement for materials utilized in the manufacture of this equipment may be received and must be retained for use within the adaptive equipment program. [1995, c. 560, Pt. K, §49 (AMD).]
[ 1995, c. 560, Pt. K, §49 (AMD) .]
3. Rules. Adoption, amendment and appeal of rules under this section are governed as follows.
A. The department shall adopt, and may amend or repeal, rules governing the administration of this section, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1995, c. 560, Pt. K, §50 (AMD).]
B. The department shall hold a public hearing before adopting, amending or repealing the rules, and shall give notice of the public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1995, c. 560, Pt. K, §50 (AMD).]
[ 1995, c. 560, Pt. K, §50 (AMD) .]
SECTION HISTORY
1983, c. 459, §7 (NEW). 1985, c. 761, §G7 (AMD). 1993, c. 410, §CCC30 (AMD). 1995, c. 560, §§K48-50 (AMD).