An Act To Clarify Case Management Supervision Authority and Ensure Access to Case Management Services
Maine Legislature, Session 125, LD 1692
Committee: Health and Human Services
Sponsors: EVES, CRAVEN, FOSSEL, O'CONNOR, PETERSON, STRANG BURGESS
Amends: 22 MRSA §3174-S, 32 MRSA §2210, 32 MRSA §3300-C, 32 MRSA §3811, 32 MRSA §13851-A

Legislative Document 
No. 1692 
H.P. 1244 
House of Representatives, December 23, 2011 
An Act To Clarify Case Management Supervision Authority and 
Ensure Access to Case Management Services 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EVES of North Berwick. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: FOSSEL of Alna, O'CONNOR of Berwick, PETERSON of Rumford, 
STRANG BURGESS of Cumberland. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, case management 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 different health care 
disciplines; and 
Whereas, these qualified professionals, pursuant to general authority under their 
licenses to practice their professions, have delegated certain case management functions 
to other capable and qualified persons; and 
Whereas, the absence of explicit language in certain licensing statutes referring to 
case management as one of the activities within the scope of licensed practice and one of 
the activities that can be appropriately delegated has raised questions concerning whether 
these services can be reimbursed under the MaineCare program when provided by these 
licensed professionals; and 
Whereas, denial of reimbursement for case management provided by or under the 
supervision of various licensed professionals will result in an acute shortage of case 
management services, placing at risk the well-being of many persons with serious illness; 
and 
Whereas, clarifying the authority of these professionals through explicit language in 
the governing statutes may prevent or correct misunderstandings that have arisen 
concerning the preexisting scope of authority of these professionals; 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-SS is enacted to read: 
§3174-SS.  Reimbursement of qualified professionals for case management services 
The department shall provide that payment for case management services under the 
MaineCare program includes reimbursement at reasonable rates for medically necessary 
case management services provided by or under the supervision of the following licensed 
professionals: 
1.  Physicians.  Physicians; 
2.  Physician assistants.  Physician assistants; 
3.  Psychologists.  Psychologists; 
4.  Registered nurses.  Registered nurses; 
5.  Advanced practice registered nurses.  Advanced practice registered nurses; 
6.  Clinical professional counselors.  Clinical professional counselors; and 
7.  Marriage and family therapists.  Marriage and family therapists. 
Sec. 2.  32 MRSA §2210 is enacted to read: 
§2210.  Scope of practice; case management services 
It is within the scope of practice of a registered nurse or an advanced practice 
registered nurse licensed under this chapter to provide or supervise the provision of case 
management services under the MaineCare program. 
Sec. 3.  32 MRSA §3300-C is enacted to read: 
§3300-C.  Scope of practice; case management services 
It is within the scope of practice of a physician or a physician assistant licensed under 
this chapter to provide or supervise the provision of case management services under the 
MaineCare program. 
Sec. 4.  32 MRSA §3811, sub-§4 is enacted to read: 
4.  Scope of practice; case management services.  It is within the scope of practice 
of a psychologist licensed under this chapter to provide or supervise the provision of case 
management services under the MaineCare program. 
Sec. 5.  32 MRSA §13851-A is enacted to read: 
§13851-A.  Scope of practice; case management services 
It is within the scope of practice of a clinical professional counselor or a marriage and 
family therapist licensed under this chapter to provide or supervise the provision of case 
management services under the MaineCare program. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill ensures continuation of federal financial participation under the MaineCare 
program by clarifying the authority of certain licensed professionals to provide and 
supervise the provision of case management services under the program.