An Act To Limit Payment for Care and Treatment of Residents of State Institutions
Maine Legislature, Session 125, LD 1628
Committee: Health and Human Services
Sponsors: McCORMICK, STRANG BURGESS
Amends: 34-B MRSA §1409

Legislative Document 
No. 1628 
S.P. 538 
In Senate, December 20, 2011 
An Act To Limit Payment for Care and Treatment of Residents of 
State Institutions 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2011.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Cosponsored by Representative STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-B MRSA §1409, sub-§1, ¶B-1, as enacted by PL 2005, c. 256, §1, is 
amended to read: 
B-1.  "Resident," for purposes of this section and this section only, means any of the 
following: 
(1)  A person who is an inpatient; or 
(2)  A person who is an outpatient receiving services from any state institution, 
including outpatient clinic services; or. 
(3)  A resident of the Homestead facility. 
Sec. 2.  34-B MRSA §1409, sub-§1, ¶D, as enacted by PL 2005, c. 683, Pt. B, 
§30, is repealed. 
Sec. 3.  34-B MRSA §1409, sub-§11, ¶A, as enacted by PL 1983, c. 459, §7, is 
amended to read: 
A.  This subsection may not be construed as a limitation on compensation for 
providers of resident care and treatment; and 
Sec. 4.  34-B MRSA §1409, sub-§11, ¶B, as enacted by PL 1983, c. 459, §7, is 
amended to read: 
B.  This subsection may not be construed as a limitation on contractual arrangements 
between the providers and the State.; and 
Sec. 5.  34-B MRSA §1409, sub-§11, ¶C is enacted to read: 
C.  For a resident receiving services, including medical care, goods, prescription 
drugs and other medications, outside a state institution, the commissioner may pay 
the provider of those services an amount no greater than the reimbursement rate 
applicable to that provider and that service, as established by rule by the department 
for the MaineCare program under Title 22. 
Sec. 6.  34-B MRSA §1409, sub-§13, as amended by PL 2005, c. 256, §4, is 
further amended to read: 
13.  Special revenue account; Riverview Psychiatric Center.  The commissioner 
shall establish a special revenue account for the Riverview Psychiatric Center and the 
Homestead facility and shall deposit into it payments or income received from residents 
of the Riverview Psychiatric Center and the Homestead facility, the Medicaid program or 
other 3rd-party payors.  The commissioner shall use the funds on deposit for expenses of 
the Riverview Psychiatric Center and the Homestead facility. 
SUMMARY 
This bill limits the amount that a provider may charge the State for medical services 
provided to a resident of a state institution outside of the state institution; the amount is 
restricted to the amount established by the rules of the Department of Health and Human 
Services for the MaineCare program for those services.  The bill also removes references 
to the Homestead facility, which closed in 2007.