An Act To Amend the Provision Creating the Long-term Care Partnership Program
Maine Legislature, Session 124, LD 1000
Committee: Health and Human Services
Sponsors: PRIEST, BLISS, BRYANT, DILL, HILL, WEBSTER
Amends: 22 MRSA §3174-G

Legislative Document 
No. 1000 
H.P.688 
House of Representatives, March 12, 2009 
An Act To Amend the Provision Creating the Long-term Care 
Partnership Program 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative PRIEST of Brunswick. 
Cosponsored by Senator BLISS of Cumberland and 
'--7Y/~ 1h.1J7t2C~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRYANT of Windham, DILL of Cape Elizabeth, HILL of York, WEBSTER 
of Freeport, Senator: HASTINGS ·ofOxford . 
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, compliance with Section 6021 of the federal Deficit Reduction Act of 
2005 is required before the Long-tenn Care Partnership Program may begin operation; 
and 
Whereas, rules for the proper operation of the Long-tenn Care Partnership Program 
within the Maii1eCare program have been proposed and must be finally adopted before 
the Long-tenn Care Partnership Program may begin operation; and 
Whereas, affording residents of the State the opportunity to purchase long-tenn care, 
insurance policies that qualify for the Long-tenn Care Partnership Program will 
encourage the private payment of long-tenn care costs, delay or avoid MaineCare 
payments for these costs and help to avoid the financial exploitation of elderly people 
, 13 
who otherwise may be unduly influenced to transfer their property; 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: 
Sec. 1. 22 MRSA §3174-GG, first 'i\,as enacted by PL 2005, c. 12, Pt. DDD, 
§ 10, is amended to read: 
There is established within the department the Long-tenn Care Partnership Program 
pursuant to Section 6021 of the federal Deficit Reduction Act of 2005, Public Law 
109-171, 120 Stat. 4 (2006), referred to in this section as "the program," to provide 
incentives for persons to insure the costs of their own long-tenn care and to alleviate 
soine of the costs of long-tenn care being paid by MaineCare. The department shall 
administer the program as a part of MaineCare, contingent upon federal Medicaid 
participation, begin."1ing 3 months after the federal Omnibus Bu,dget Reconciliation Act of 
1993 is amended to allmv ne'.\' state nartnershin nrmrrams. 
Sec. 2. 22 MRSA §3174-GG, sub:"§l, as enacted by PL 2005, c. 12, Pt. DDD, 
§10, is amended to read: 
1. Eligibility. A person is eligible for the program if that person has purchased ~ 
insured under a policy of long-tenn care insurance qualified pursuant to the federal 
Deficit Reduction Act of 2005' and approved for the purpose of the program and then has 
used the policy alone or in combination with private resources to pay for long-tenn care 
costs at the nursing facility level of care, without resort to MaineCare coverage;-fe:r--a 
period of time specified by the program. In order to qualify for benefits under the 
program, a person must be eligible under this subsection and meet the other criteria 
required for long-tenn care benefits under the Mai?eCare program as provided in this 
chapter and in rules adopted by the department. 
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Sec. 3. 22 MRS A §3174-GG, sub-§2, as enacted by PL 2005, c. 12, Pt. DDD, 
§ 1 0, is a{11ended to read: 
2. 
Benefits. 
The benefits of the program include coverage for long-term care 
services under MaineCare for long teRn care at the nursing facility level of care after the 
person participating in the program has exhausted the available coverage and benefits 
purchased under the approved long-term care policy. 
Sec. 4. 22 MRSA §3174-GG, sub-§3, as enacted by PL 2005, c. 12, Pt. DDD, 
§ 1 0, is amended to read: 
3. Disregard.' In addition to assets disregarded or exempt under MaineCare program 
rules, in determining eligibility for MaineCare and the amount of MaineCare benefits and 
in estate recovery pursuant to section 14, subsection 2-1, the program must disregard 
assets of an eligible person that are disclosed to the department in the application or 
posteligibility process in an amount equal to the benefits paid by the approved long-term 
care insurance policy for nursing facility level of care. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
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SUMMARY 
Tllis bill makes the provisions establishing the Long-tem1 Care Partnersllip Program 
consistent with the federal peficit Reduction Act of 2005, which enabled creation of the 
state program, and allows flexibility in the operation of the program.