Resolve, Related To Legislative Review of a Change to the MaineCare Benefits Manual, Chapters II and III, Section 17
Maine Legislature, Session 127, LD 1698

Legislative Document 
No. 1698 
H.P. 1163 
House of Representatives, April 12, 2016 
Resolve, Related To Legislative Review of a Change to the 
MaineCare Benefits Manual, Chapters II and III, Section 17 
(EMERGENCY) 
Reported by Representative GATTINE of Westbrook for the Joint Standing Committee on 
Health and Human Services pursuant to the Maine Revised Statutes, Title 5, section 11115. 
ROBERT B. HUNT 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve extends the eligibility period for certain individuals who were 
eligible for community support services under Chapter 101, MaineCare Benefits Manual, 
Chapter II, Section 17 before the rule was updated on March 22, 2016; and 
Whereas, it is possible that certain individuals may become ineligible to receive 
these services before the 90-day period expires; 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.  Transitional period. Resolved:  That the Department of Health and 
Human Services, referred to in this resolve as "the department," shall extend eligibility 
for community support services to each individual who received those services under 
Chapter 101, MaineCare Benefits Manual, Chapter II, Section 17, referred to in this 
resolve as "Section 17," before Section 17 was updated on March 22, 2016 and who have 
been found to no longer meet the eligibility requirements under the updated Section 17 
until the individual is able to access appropriate services under another section of the 
MaineCare Benefits Manual; except that an extension of eligibility may not exceed a 
period of 120 days after that individual's current authorization period has expired; and be 
it further 
Sec. 2.  Continuation of bridging rental assistance program for certain 
individuals.  Resolved:  That any individual receiving housing subsidy vouchers under 
the bridging rental assistance program, referred to in this resolve as "BRAP," due to that 
individual's Section 17 eligibility immediately before Section 17 was updated on March 
22, 2016 continues to remain eligible for BRAP housing subsidy vouchers, unless the 
individual becomes ineligible for BRAP housing subsidy vouchers for a reason unrelated 
to Section 17 eligibility; and be it further 
Sec. 3.  Additional transitional period possible. Resolved: That, until June 
30, 2017, the Office of MaineCare Services within the department shall authorize 90-day 
extensions of community support services under Section 17 for an individual that 
received Section 17 services before Section 17 was updated on March 22, 2016 if that 
individual is able to reasonably demonstrate to the department that the individual has 
been unable to access appropriate services under any other section of the MaineCare 
Benefits Manual; and be it further 
Sec. 4.  Emergency rulemaking authorized. Resolved: That the department 
shall adopt emergency rules pursuant to the Maine Revised Statutes, Title 5, section 8054 
as necessary for implementation of this resolve. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve, which is an emergency: 
1.  Requires the Department of Health and Human Services to extend eligibility for 
community support services to an individual who received services under Chapter 101, 
MaineCare Benefits Manual, Chapter II, Section 17 before Section 17 was updated on 
March 22, 2016 if that individual is found to no longer meet the eligibility requirements 
under the updated Section 17 until that individual is able to access appropriate services 
under any other section of the MaineCare Benfits Manual.  This extension of eligibility 
may not exceed a period of 120 days after that individual’s current authorization period 
has expired; 
2.  Establishes that an individual who was receiving bridging rental assistance 
program housing subsidy vouchers due to Section 17 eligibility immediately before 
Section 17 was updated on March 22, 2016 continues to remain eligible for the housing 
subsidy vouchers, unless the individual becomes ineligible for the housing subsidy 
vouchers for a reason unrelated to Section 17 eligibility; 
3.  Until June 30, 2017, requires the Office of MaineCare Services within the 
Department of Health and Human Services to authorize 90-day extensions of community 
support services under Section 17 for an individual who received Section 17 services 
before Section 17 was updated on March 22, 2016 if that individual is able to reasonably 
demonstrate to the department that that individual has been unable to access appropriate 
services under any other section of the MaineCare Benefits Manual; and 
4.  Provides the department with the authority to adopt emergency rules as necessary 
for implementation of this resolve. 
Approved: 04/08/16
LD 1698
LR 2810(01)
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services to implement the provisions of this resolve are 
expected to be minor and can be absorbed within existing budgeted resources.
Resolve, Related To Legislative Review of a Change to the MaineCare Benefits Manual, Chapters II 
and III, Section 17
Fiscal Note for Original Bill
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase – General Fund
LR2810(01) - Fiscal Note - Page 1 of 1