An Act To Improve the MaineCare Program
Maine Legislature, Session 122, LD 1757
Committee Amendment CA_A_S547 (Senate)
Amends: 22 MRSA §42

COMMITTEE AMENDMENT "A" to S.P. 674, L.D. 1757, Bill, "An 
Act To Improve the MaineCare Program" 
Amend the bill by striking out the title and substituting 
the following: 
'An 
Act 
Reqardinq 
Continuinq 
Improvements 
in 
the 
MaineCare 
ProqraJD' 
Further amend the bill by striking out everything after the 
title and inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, authorization for 
the 
Department of Health 
and 
Human Services to adopt rules with retroactive application was 
enacted in 2003 with an automatic repeal date of July 1, 2006; and 
Whereas, the automatic repeal of the statutory authorization 
for retroactive rules will expire on July 1, 2006 unless action 
is taken immediately to repeal the automatic repeal clause; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Page l-LR2468(2) 
COMMITTEE AMENDMENT 
.~~.:~~ 
COMMITTEE AMENDMENT "A" to S.P. 674, L.D. 1757 
Sec. 1. 22 MRSA §42, sub-§8, 1rB, as enacted by PL 2003, c. 
612, §1, is amended to read: 
B. 
Wi th respect to any services that MaineCare providers 
have rendered prior to the date of adoption of retroactive 
rules adopted pursuant to this subsection, such rules may 
not reduce or otherwise negatively affect the reimbursement 
or other payments that those providers are entitled to 
recei ve 
under 
the 
previously 
applicable 
rules. 
The 
reimbursement or other payments under the amended rules must 
be equal to or greater than the reimbursement under the 
rules previously in effect. 
The rules may retroactively 
increase provider reimbursement on an emergency basis if 
needed to ensure that MaineCare 
members 
have 
access to 
covered medically necessary services. 
Sec. 2. 22 MRSA §42, sub-§8, 1iF, as enacted by PL 2003, c. 612, 
§l, is repealed. 
Sec. 3. Continuing improvements in MaineCare program. 
The 
MaineCare 
Advisory 
Committee, 
established 
pursuant 
to 
the 
MaineCare Benefits Manual, chapter I, section 1.23, shall review 
the report of the 
Blue 
Ribbon 
Commission on the Future of 
MaineCare 
with the goal 
of identifying initiatives for 
the 
continuing improvement of the MaineCare program in order to 
preserve the long-term capability of the State to provide high 
quality health care services to MaineCare beneficiaries. 
The 
MaineCare 
Advisory 
Committee 
shall 
also 
review 
and 
monitor 
changes in the federal Medicaid program and implementation of the 
provisions of the federal Deficit Reduction Act of 2005, Public 
Law 109-171. 
Sec. 4. Report. 
The MaineCare Advisory Committee shall report 
to the Joint Standing Committee on Health and Human Services the 
results of its review under section 3 and any recommendations the 
committee has for legislation or rulemaking by the Department of 
Health and Human Services in an initial report by September 1, 
2006 and a final report by January 1, 2007. 
The report must 
identify 
strategies 
that 
ensure 
the 
sustainability 
of 
the 
MaineCare program while protecting the health and welfare of 
MaineCare beneficiaries and the viability of Maine's health care 
provider safety net. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This 
amendment 
replaces the bill, 
which 
was 
a 
concept 
draft. 
The amendment adds emergency language to the bill. 
It 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 674, L.D. 1757 
amends the laws governing MaineCare, authorizing the Department 
of Health and Human Services to adopt rules with retroactive 
application to increase provider reimbursement in order to ensure 
access to covered medically necessary services for MaineCare 
members. 
The amendment also repeals the repeal date of July 1, 
2006 on the authority of the department to adopt rules with 
retroactive application. 
The amendment directs the MaineCare Advisory Committee to 
review the report of the Blue Ribbon Commission on the Future of 
MaineCare with the goal of identifying initiatives for continuing 
improvement 
and 
monitoring 
changes 
in 
the 
federal 
Medicaid 
program. 
It directs 
the 
committee 
to 
report to 
the Joint 
Standing 
Committee 
on 
Health 
and 
Human 
Services 
any 
recommendations 
for 
legislation or 
rulemaking in an initial 
report by September 1, 2006 and a final report by January 1, 2007. 
,ISCAL :\OTE J~EQnRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/28/06 ~ae 
LD 1757 
2468(02) 
An Act To Improve the MaineCare Program 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
The bill's provision giving the Department of Health and Human Services authority to do retroactive rulemaking on an 
emergency basis to increase MaineCare provider reimbursements could potentially increase MaineCare costs. Any 
additional costs to the Department of Health and Human Services resulting from this bill can be absorbed by the 
department utilizing existing budgeted resources. 
LR2468(2) - Fiscal Note - Page 1 of 1