Notice of Agency Rulemaking Proposal
AGENCY: Department of Health and Human Services, Office of Aging and Disability Services
CHAPTER NUMBER AND TITLE: Title 14-197, Chapter 1, Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER:
BRIEF SUMMARY: This proposed new rule sets forth the rights and basic protection of persons with an intellectual disability, Autism Spectrum Disorder or acquired brain injury in accordance with 22 M.R.S. § 3089 and 34-B M.R.S. § 5605.
P.L. 2021, ch. 284 extended certain rights and basic protections set forth in 34-B M.R.S. § 5605 to persons with an acquired brain injury; directed the Commissioner to convene a task force to make recommendations on rules and procedures regarding the rights and basic protections of persons with acquired brain injuries; and directed the Department to consider the task force’s recommendations and to adopt rules regarding the rights and basic protections of individuals with an acquired brain injury.
Because the Department had not previously undertaken rulemaking regarding the rights and basic protections of persons with an intellectual disability or Autism Spectrum Disorder, the proposed rule also states the statutory rights and basic protections of these persons. Most of these rights and basic protections apply to all persons with an intellectual disability, Autism Spectrum Disorder, or acquired brain injury – not just those who receive services from a provider that is funded or licensed by the Department. This distinction is reflected in the rule.
The proposed rule also describes the procedures for notifying persons receiving services of their rights and basic protections, and states the remedies available for alleged violations of rights and basic protections.
Please visit https://www.maine.gov/dhhs/oads/about-us/policy-planning for rules and related rulemaking documents.
Date, time and location of PUBLIC HEARING (if any): Friday, July 15, 2022, at 10 a.m.
This hearing will be held virtually via Zoom. Anyone wishing to attend should email
Hilary Gove at firstname.lastname@example.org to register. A Zoom link will be sent following
registration. The Department requests that any interested party requiring
accommodations to attend the hearing contact Hilary Gove at email@example.com
prior to Friday, July 8, 2022.
COMMENT DEADLINE: Monday, July 25, 2022, by 11:59 p.m.
Written comments may be submitted by mail, email, or fax to the contact person before the end of the comment
period. To ensure the comments are considered, they must include the name of the commenter and the organization represented, if any.
CONTACT PERSON FOR THIS FILING:
Hilary Gove, Policy Writer
Maine Department of Health and Human Services
Office of Aging and Disability Services
41 Anthony Avenue
11 State House Station
Augusta, Maine 04333-0011
TTY: 711 (Deaf or Hard of Hearing)
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any): The Department does not anticipate that this rulemaking will have any impact on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2021, ch. 284; 22 M.R.S. § 3089(3); 34-B M.R.S. § 5605
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): N/A
AGENCY WEBSITE: https://www.maine.gov/dhhs/oads
EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON: firstname.lastname@example.org
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