An Act To Clarify Case Management Supervision Authority and Ensure Access to Case Management Services
Maine Legislature, Session 125, LD 1692
Committee Amendment CA_A_H782 (House)
Amends: 22 MRSA §3174-U

COMMITTEE AMENDMENT" A " to H.P. 1244, L.D. 1692, Bill, "An Act To 
Clarify Case Management Supervision Authority and Ensure Access to Case 
Management Services" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide Reimbursement for MaineCare Services Provided by Qualified, 
Unlicensed Professionals Who Are Supervised by Licensed Health Professionals' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, services critical to the well-being of many individuals covered by the 
MaineCare program and other programs of health insurance are provided in this State by 
capable professionals licensed in a variety of health care disciplines; and 
Whereas, these qualified professionals, pursuant to general authority under their 
licenses to practice their professions, have delegated certain functions to other capable 
and qualified persons; and 
Whereas, the absence of language in certain licensing statutes referring to 
supervision of unlicensed professionals as to which services are within the scope of 
licensed practice and which services may be appropriately delegated has raised questions 
concerning whether the cost of these services can be reimbursed under the MaineCare 
program; and 
Whereas, because denial of reimbursement for services provided by or under the 
supervision of licensed professionals will result in an acute shortage of these services, 
placing at risk the well-being of many persons with serious illnesses, it is necessary that 
the issue be resolved as soon as possible; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1244, L.D. 1692 
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-UU is enacted to read: 
§3174-UU. 
Health services provided by appropriately supervised, qualified, 
unlicensed professionals 
1. Definitions. As used in this section, "licensed health professional" means a 
person who is licensed pursuant to Title 32 to diagnose and treat or to assess and treat or 
to administer treatment for a health condition. 
2. Supervision. Except as otherwise expressly provided by law, the supervision of a 
qualified, unlicensed professional who is providing services according to a treatment plan 
approved by a licensed health professional is within the scope of practice of the licensed 
health professional who has approved or agreed to the treatment plan. 
3. Reimbursement; rules. The department is authorized to reimburse for services 
provided by qualified, unlicensed professionals who are supervised by licensed health 
professionals at rates and under conditions set by rule adopted by the department. In 
adopting rules, the department shall take into consideration the need and cost for 
supervision provided by licensed health professionals. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. 
The amendment provides for qualified, unlicensed professionals to provide 
MaineCare services when supervised by licensed health professionals and authorizes the 
Department of Health and Human Services to cover those services. The amendment also 
directs the department to adopt routine technical rules to implement the provisions. 
COMMITTEE AMENDMENT