Budget allocation will take only 300 people with intellectual disabilities off a waitlist of 1,600 as required by a 2017 law

AUGUSTA—Despite Governor Janet Mills’s claim on a radio show Tuesday afternoon, her budget does not provide new funding to eliminate the waitlists under the Section 21 and 29 waivers and the other waitlists in DHHS for Maine’s elderly and people with intellectual disabilities, including people on the Autism spectrum.

On Maine Public’s radio show, Maine Calling, on Tuesday, Feb. 12, a caller from Bangor, Dixie, asked what policies Governor Mills was putting in the budget to resolve the waitlists for services for people like her son, who is 25 years old and has Autism. Governor Mills stated, “We know that the Section 21 and 29 waivers have had waitlists and we’re addressing that in the budget and [DHHS] Commissioner Jeanne Lambrew is addressing that as best she can as well.”

In fact, Governor Mills’s budget does not propose any initiative beyond what current law requires to reduce or eliminate the waitlist.

Rather than fully fund the amount required to eliminate all waitlists in DHHS, the Mills Administration budget funds a law passed last session requiring DHHS to take 50 people a month off the waitlist until they have taken 300 people. There is no requirement that the state take more than 300 people off the waitlist in a given year. In the case of the Section 21 waiver, this leaves more than 1,300 people on the waitlist. Yet, as people with intellectual disabilities and people who have an Autism spectrum disorder age out of school-based supports, they continue to be added to the Section 21 waitlist.

“In a budget that grows state spending by a billion dollars, it is shameful that the Mills administration could not find enough money to eliminate the Section 21 waitlist for adults with Autism and intellectual disabilities and the nine other DHHS waitlists where more than 800 people wait for services, including our elderly,” stated Julie Rabinowitz, director of policy and communication. “Maine’s neediest families must be prioritized. It‘s the right thing to do.”

More than 2,450 Maine people with disabilities and elderly Mainers are languishing on DHHS waitlists. DHHS reported to the Legislature in January of this year that 1,600 people with an intellectual disability or Autism are waiting for Section 21 supports.

Former Governor Paul R. LePage stated, “This is a billion dollar increase in spending at the expense of Maine people. Janet Mills should know that the elderly, the people with disabilities and especially intellectual disabilities in the state of Maine deserve to get the services they are entitled to, and yet she still has a waitlist.”

Each of the last two budgets proposed by former Governor LePage provided funds to eliminate the waitlists, but in the budget process the Legislature reduced or eliminated the funding, leaving vulnerable people waiting for services.

The Legislature passed Public Law 2017, chapter 460, requiring DHHS, in October 2018, to begin taking 50 people a month off the Section 21 waiver waitlists “for members with intellectual disabilities or autism spectrum disorder until 300 new members in total have been added.” The statute only provided funding for FY19. The Mills Administration’s FY20–21 budget provides enough money to fulfill the requirements of the existing statute in each fiscal year of the budget cycle, but does not provide additional funding to assist more than the 300 or to eliminate the waitlist. 

MPBP’s careful analysis of the budget could not identify other initiatives that specifically addressed any of the waitlists DHHS revealed in last month’s presentation to the Legislature’s Health and Human Services committee.

Sources:

Maine Calling: See call at minute 45:53 of the podcast.

Mills Budget, page A-250, Initiative Z211 of the DHHS Budget states: “Provides funding for adding members from the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21 relating to home and community benefits for members with intellectual disabilities or autism spectrum disorder until 300 new members in total have been added pursuant to Public Law 2017, chapter 460.”  Public Law 2017, chapter 460

Photo is from the DHHS January 2019 report to the Legislature’s Health and Human Services Committee, see Office of Aging and Disability Services (OADS) briefing, page 6.