An Act To Encourage Access to Respite Care Services fer Maine Families with Behavioral Health Needs
Maine Legislature, Session 123, LD 2054
Sponsors: BRANNIGAN, CAIN, CANAVAN, FAIRCLOTH, MILLER, PINGREE, RAND, WAGNER, WEBSTER
Amends: 34-B MRSA §1208

Legislative Document 
No. 2054 
H.P.1438 
House of Representatives, December 21,2007 
An Act To Encourage Access to Respite Care Services fer Maine 
Families with Behavioral Health Needs 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Recei ved by the Clerk of the House on December 19, 2007. Referred to the Committee orr 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representati ve CRA YEN of Lewiston. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
!r/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CANAVAN of Waterville, FAIRCLOTH of Bangor, 
MILLER of Somerville, PINGREE of North Haven, RAND of Portland, WAGNER of 
Lewiston, WEBSTER of Freeport. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, some families forego respite care because they are not able to afford 
copayments; and 
Whereas, it is important for families that need respite care to be able to access that 
care; and 
Whereas, in the judgment of the Legislature, these facts create an emergency with in 
the meaning of the ConstittStion 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: 
Sec. 1. 34-B MRSA §1208, sub-§8, as enacted by PL 2003, c. 673, Pt. SSS, §2, 
is amended to read: 
8. Fees. By July 1, 2004, the department shaIl adopt rules to require that contracts 
and service agreements with service providers require service providers to charge fees for 
certain services for children and families funded through grant funds from the 
department. Resflile, o~tflatieRt Outpatient, case management and home-based family 
services are subject to fees under this subsection. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
The following provisions apply to the rules and to the imposition of fees under the rules. 
A. 
A fee scale must be established by the department on a sliding scale on the basis 
of household income, determined after consultation with the Department of Human 
Services, Bureau of Family Independence with reference to the federal nonfarm 
income official poverty line, and take into account the number of children with 
special needs within a household who are receiving services from the department and 
whether the family pays very high health care expenses. 
B. 
The fee scale under paragraph A must be developed after consultation with 
service providers, consumers and advocates for service providers and consumers. As 
appropriate to the child, family and service, the fee scale must apply to all service 
providers and supersedes previous service provider fee schedules. 
C. 
The fee scale under paragraph A may not require fees from families below 250% 
of the federal nonfarm income official poverty line and must require families above 
450% of the federal nonfarm income official poverty line topay 100% of the cost of 
services provided by service providers. The fee scale must include fees of 25%, 50%, 
35, 
75% and 100% ofthe cost of services. 
D. 
Service providers must be aIlowed to require payment of fees at the time that 
services are provided, to suspend services for nonpayment of fees and to retain all 
fees collected. Service providers must be required to provide an accounting to the 
department of fees charged and administrative expenses incurred in billing and 
collecting fees and of fees retained. 
. . 
.. 
Sec. 2. Respite care. The Department of Health and Human Services shall amend 
its rules by removing respite care from the sliding fee methodology for state-grant-funded 
children's services. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill removes respite care services from the Department of Health and Human 
Services' rules regarding the sliding fee scale methodology for state-grant-funded 
children's services.