34-B §5471. Service agreements - Maine Statutes

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 3: SERVICES FOR MENTALLY RETARDED PERSONS

Article 3: PROCEDURES

§5471. Service agreements

1. Service agreement required. Each personal plan or service plan must be carried out pursuant to a written service agreement.

[ 2003, c. 389, §15 (AMD) .]

2. Signatures. Each service agreement must be signed and dated by at least:

A. The client, if the client is able; [2003, c. 389, §15 (AMD).]

B. The client's guardian or next of kin, if that person exists and is available; [1983, c. 459, §7 (NEW).]

C. A client advocate, if the client has no guardian; [1983, c. 459, §7 (NEW).]

D. The individual support coordinator of the planning team that developed the personal plan or service plan for the client; [2003, c. 389, §15 (AMD).]

E. The regional director or designee of the appropriate regional office, if a client is being admitted to or discharged from a facility or if a client is under the supervision of the regional office; [1995, c. 560, Pt. K, §58 (AMD).]

F. The chief administrative officer of the facility or the chief administrative officer's agent, if a client is being admitted to, treated in or discharged from a facility; and [2003, c. 389, §15 (AMD).]

G. The chief administrative officer, or the chief administrative officer's agent, of other public or private agencies or groups that agree to provide services to the client. [2003, c. 389, §15 (AMD).]

[ 2003, c. 389, §15 (AMD) .]

3. Contents. Each service agreement must include at least the following information.

A. It must specify the respective responsibilities, where applicable, of the client, the family or guardian of the client, the regional office, the facility and each public and private agency that intends to provide services to the client. [2003, c. 389, §15 (AMD).]

B. It must identify by job classification or other description each individual who is responsible for carrying out each part of the service plan or personal plan. [2003, c. 389, §15 (AMD).]

C. [2003, c. 389, §15 (RP).]

[ 2003, c. 389, §15 (AMD) .]

4. Implementation of service plan or personal plan. Implementation of a service plan or personal plan is governed as follows.

A. No part of a service plan or personal plan may be implemented until each person required to sign the service agreement under subsection 2 has signed it, except that if a client is to be admitted to a facility, the service agreement need not be completed until 5 days after the date of admission. [2003, c. 389, §15 (AMD).]

B. Any existing service plan or personal plan is considered to be in effect until all persons required to sign under subsection 2 have signed the new service agreement. [2003, c. 389, §15 (AMD).]

C. A service plan or personal plan may not be in effect longer than one year and 2 weeks from the day on which the last person signed the service agreement for the plan. [2003, c. 389, §15 (AMD).]

[ 2003, c. 389, §15 (AMD) .]

5. Review.

[ 2003, c. 389, §15 (RP) .]

6. Amendment. Any major changes in a client's service plan or personal plan may occur only after the service agreement has been amended and signed by the persons specified in subsection 2.

[ 2003, c. 389, §15 (AMD) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1995, c. 560, §K58 (AMD). 2003, c. 389, §15 (AMD).