An Act To Provide Assistance to Family Members, Friends and Neighbors Who Provide Home Health Care for Senior Citizens
Maine Legislature, Session 124, LD 0524
Committee: Health and Human Services
Sponsors: CAMPBELL, GOOLEY, CAIN, CONNOR, FLOOD, GILES, PINGREE, SAVIELLO, STRANG BURGESS, WHEELER
Amends: 22 MRSA §3172, 22 MRSA §3174-I

Legislative Document 
No. 524 
H.P.369 
House of Representatives, Febmary 12,2009 
An Act To Provide Assistance to Family Members, Friends and 
Neighbors Who Provide Home Health Care for Senior Citizens 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CAMPBELL of Newfield. 
Cosponsored by Senator GOOLEY of Franklin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, CONNOR of Kennebunk, FLOOD of Winthrop, GILES of 
Belfast, Speaker PINGREE of North Haven, SAVIELLO of Wilton, STRANG BURGESS of 
Cumberland, WHEELER of Kittery. 
Printed un recycled paper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 22 MR.SA §3172, sub-,§l-C is enacted to read: 
I-Co Family member, friend or neighbor caregiver. "Family member, friend or 
neighbor caregiver" is a person who, is a fainily member, friend or neighbor of a Medicaid 
recipient who provides assistance withpersonal care and health maintenance services to 
the Medicaid recipient. 
Sec. 2. 22 MRSA §3172, sub-§2, as enactedby PL 1977, c. 582, §1, is amended 
to read: 
2. ' Home health care. "Home health care" means nursing services and other 
therapeutic services provided with()ut a requirement that hospitalization should be an 
antecedent to care and provided on an intermittent visiting basis to individuals in their 
homes or other place of residence, excluding hospitals, extended care facilities, 
rehabilitation centers and skilled nursing homes. In addition to skilled nursing, these 
services may include personal care and health maintenance services provided by a family 
member, friend or neighbor caregiver, physical therapy, speech therapy, occupational 
therapy, medical socIal services, home health aide services and such other services and 
standards of care as may be defmed by the department whieh that are pursuant to, 
consistent with and necessary to the administration of home health care within the intent 
of section 3173. -
Sec. 3. 22 MR.SA §3173, 2nd err, as repealed and replaced by PL 1979, c. 127, 
§144, is amended to read: 
The department is authorized and empowered to make all necessary rules and 
regulations consistent with the laws of the State for the administration of these programs 
including, but not limited to, establishing conditions of eligibility and types and amounts 
of aid to be provided, and defming the tenn "medically indigent," and the type of medical 
care to be provided. In administering programs of aid, the department shall, among other 
services, emphasize developing and providing financial support for preventive health care 
and home health care, including the payment of a family member, friend or neighbor 
caregiver, in order to assure that a comprehensive range of health care services is 
available to Maine citizens. Preventive health services -shall must include, but need not be 
limited to, programs such as early periodic screening, diagnosis and treatment; public 
school nursing services; child and maternal health services; and dental health education 
services. To meet the expenses of emphasizing preventive health care and home health 
care, the department is authorized to expend for each type of care no less than 1.5% of the 
total sum of all funds available to administer medical or remedial care and services 
eligible for participation under the United States Social Security Act, Title XIX and 
amendments and successors to it. 
Sec. 4. 22 MR.SA §3173, 13th ~, as repealed and replaced by PL 1979, c. 127, 
§ 144 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
Page I - 124LR1414(Ol)-1 
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The Department of Health and Human Services may establish fee schedules 
governing reimbursement for services provided under this chapter. In establishing the fee 
schedules, the department shall consult with individual providers and their representative 
associations and family member, friend or neighbor caregivers. The fee schedules shall 
must be subj ect to annual review. 
Sec. 5. 22 MRSA §3174-I, sub-§l-A, as amended by PL 1995, c. 170, §3, is 
further amended to read: 
1-A. 
Information and assistance. 
If the assessment performed pursuant to 
subsection 1 fmds the level of nursing facility care clinically appropriate, the department 
shall determine whether the applicant also could live appropriately and cost-effectively at 
home or in some other community-based setting if home-based or community-based 
services were available to the applicant. If the department determines that a home or 
other community-based setting is clinically appropriate and cost-effective, the department 
shall: 
A. Advise the applicant that a home or other community-based setting is appropriate; 
B. Provide a proposed care plan and inform the applicant regarding the degree to 
which the services in the care plan, including payment for services provided by a 
family member, friend or neighbor caregiver, are available at home or in some other 
community-based setting and explain the relative cost to the applicant of choosing 
community-based care rather than nursing facility care; and 
C. Offer a care plan and case management services to the applicant on a sliding scale 
basis if the applicant chooses a home-based or community-based alternative to 
nursing facility care. 
. .. 
The department may provide the services described in this subsection directly or through 
private agencies or family member, friend or neighbor caregivers. 
SUMMARY 
This bill allows family members, friends or neighbors to receive payment for 
providing personal care and health maintenance services to persons who receive 
Medicaid.