Resolve, Requiring the Department of Health and Human Services To Adopt an Alternative MaineCare Nonemergency Transportation System to the Current Risk-based Prepaid Ambulatory Health Plan
Maine Legislature, Session 126, LD 0710
Committee: Health and Human Services
Sponsors: COLLINS, CHASE, CRAVEN, DUTREMBLE, LACHOWICZ, TUTTLE, BEAVERS, PARRY

Legislative Document 
No. 710 
S.P. 259 
In Senate, February 26, 2013 
Resolve, Requiring the Department of Health and Human Services 
To Adopt an Alternative MaineCare Nonemergency Transportation 
System to the Current Risk-based Prepaid Ambulatory Health Plan 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator COLLINS of York. 
Cosponsored by Representative CHASE of Wells and 
Senators: CRAVEN of Androscoggin, DUTREMBLE of York, LACHOWICZ of Kennebec, 
TUTTLE of York, Representatives: BEAVERS of South Berwick, PARRY of Arundel. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the current risk-based prepaid ambulatory health plan adopted by the 
Department of Health and Human Services in 2012 for MaineCare nonemergency 
transportation precludes some regional transportation agencies from bidding for 
contracts; and 
Whereas, it is unclear whether for-profit agencies can use volunteer drivers that 
have been used by regional transportation agencies for decades and whether volunteer 
drivers would want to continue to volunteer in a manner that contributes to a for-profit 
agency's profit; and 
Whereas, the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services presented different transportation models to the State 
and therefore the risk-based model is not the only model that may be adopted while 
remaining compliant with federal rules and regulations; and 
Whereas, it is vital that this ambiguity be clarified as soon as possible; 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 
Sec. 1.  Department of Health and Human Services adoption of an 
alternative nonemergency transportation system to the current risk-based 
system.  Resolved:  That the Department of Health and Human Services shall adopt an 
alternative MaineCare nonemergency transportation system to the current risk-based 
prepaid ambulatory health plan.  The department shall examine the transportation models 
presented by the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services and adopt one of the models that is not a risk-based 
prepaid ambulatory health plan.  The contracts for regional brokers for MaineCare 
nonemergency transport remain in place until the end of the contract term under the 
current risk-based system, but current options for renewal may not be exercised.  Any 
new request for proposals and resulting contracts issued must comply with the alternative 
system adopted by the department. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve requires the Department of Health and Human Services to adopt an 
alternative MaineCare nonemergency transportation system to the current risk-based 
prepaid ambulatory health plan.  The department shall examine the transportation models 
presented by the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services and adopt one of the models that is not a risk-based 
prepaid ambulatory health plan.  The current contracts issued under the risk-based system 
remain in place, but at the end of the contract period new requests for proposals must 
comply with the newly adopted system.