An Act To Restore Funding for Bed-hold Days at Private Nonmedical Institutions . Reference to the Committee on Health and Human Services suggested and ordered printed.
Maine Legislature, Session 124, LD 0700
Committee: Health and Human Services
Sponsors: MARTIN, BRANNIGAN, BUTTERFIELD, CLARK, CLEARY, EVES, HASKELL, HILL, MILLER, PIEH, ROTUNDO, TRINWARD, WHEELER, PERRY

Legislative Document 
No. 700 
H.P.483 
House of Representatives, February 24,2009 
. An Act To Restore Funding for Bed-hold Days at Private 
Nonmedical Institutions 
. Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Senator BRANNIGAN of Cumberland and 
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1/7. m!LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUTTERFIELD of Bangor, CLARK of Millinocket, CLEARY of Houlton, 
EVES of North BerWick, HASKELL of Portland, HILL of York, MILLER of Somerville, 
PERRY of Calais, PIEH of Bremen, ROTUNDO of Lewiston, TRINWARD of Waterville, 
WHEELER of Kittery, Senator: PERRY of Penobscot. 
Printed on recycled pi.lpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Department mles governing reimbursement for holding beds. The 
Department of Health and Human Services shall amend its rules governing principles of 
reimbursement for residential care facilities to ensure that reimbursement covers the 
reasonable costs of such facilities with beds temporarily unoccupied in order to hold beds 
for residents for up to 45 days annually per resident for medical or therapeutic absences 
and up to 7 days annually for personal or family-related absences. The costs associated 
with reduceci occupancy due to the holding of beds for additional days in each of these 
categories may be recognized and reimbursed with prior approval from the Department of 
Health and Human Services. The rules requiring modification are the department's rules 
Chapter 101, Chapternr~ Section 97: Private Non-Medical Institution Services and 
Chapter 115: Principles of Reimbursement for Residential Care - Room and Board Costs. 
These rule-making changes must be adopted on an emergency basis, to be effective 
immediately upon adoption. Pending adoption of these rules, the provisions of this Act 
are considered to supersede any contrary provision in the department's existing rules. 
Sec. 2. Appropriations and aUocations. 
The following appropriations and 
allocations are made. 
DEPARTMENT OF HEALTH AND HUMAN SERVIC:uiS 
Medical Care - Payment~ to Providers 0147 
. 
Initiative: Notwithstanding any other provision of law, the DepaI1ment of Health and 
Human Services shall provide funding to restore reimbursement to private nonmedical 
institutions for bed-hold days up to 45 days annually per resident determined to qualify 
for medical or therapeutic absences and up to 7 days annually for personal or family-
related absences. Additional days in each of these categories may be provided with prior 
approval from the Department of Health and Human Services. 
GENERAL FUND 
2009-10 
2010-11 
All Other 
$513,100 
$513,100 
GENERAL FUND TOTAL 
$513,100 
$513,100 
FEDERAL EXPENDITURES FUND 
2009-10 
2010-11 
All Other 
$952,900 
$952,900 
FEDERAL EXPENDITURES FUND TOTAL 
$952,900 
$952,900 
SUMMARY 
This bill provides funding to the Department of Health and Human Services to restore 
reimbursement to private nonmedical institutions for holding beds for up to 45 days 
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annually for each resident determined to qualify for medical Or therapeutic absences and 
up to 7 days annually for personal or family-related absences_ Public Law 2007, chapter 
limits the preexisting reimbursement of costs associated with holding beds by 
limiting the costs that would be recognized to the first 30 days per year per resident. 
Effective August 1, 2008, the department implemented emergency rules to deny this 
funding entirely under MaineCare and to continue recognizing only the portion of bed-
hold coststlllit is j-eimbursed from the General Fund for the room .and board portion of 
residential care facility costs under Chapter 115 of the department's rules and analogous 
guidelines for celiain types of private nonmedical institutions_ 
This bill requires the Department of Health and Human Services to amend its 
MaineCare rules to restore this reimbursement and states that the provisions of this bill 
supersede the cunentIy existing contrary rules_ It also provides that the limit on days per 
resident per year is a maximum of 52 days, rather than 30, but that additional days may 
be approved by the depaIiment.