An Act To Require the Department of Health and Human Services To Annually Update Its Rules Governing Services for Children with Cognitive Impairments and Functional Limitations
Maine Legislature, Session 127, LD 0647
Committee: Health and Human Services
Sponsors: LIBBY
Amends: 22 MRSA §3174-Y

Legislative Document 
No. 647 
S.P. 240 
In Senate, March 3, 2015 
An Act To Require the Department of Health and Human Services 
To Annually Update Its Rules Governing Services for Children with 
Cognitive Impairments and Functional Limitations 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator LIBBY of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3174-YY is enacted to read: 
§3174-YY.  Coverage of rehabilitative and community support services for children 
with cognitive impairments and functional limitations 
The department shall by July 1st of each year amend its rules to provide coverage and 
reimbursement for emerging evidence-based treatments that are rehabilitative and 
community support services for children with cognitive impairments and functional 
limitations.  For the purposes of this section, "evidence-based treatments" means 
treatments that are identified by a working group consisting of department staff, providers 
of services, family members of children who receive services and advocates for children 
that integrate the best available research with clinical expertise in the context of patient 
characteristics, culture and preference.  Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Rulemaking.  By October 1, 2015, the Department of Health and Human 
Services shall amend its Rule Chapter 101:  MaineCare Benefits Manual, Chapter II, 
Section 28 regarding specialized services as follows: 
1.  Section 28.01-14 must be amended to include medically necessary treatment 
services that utilize the process of systematically applying interventions based upon 
empirically derived principles of behavior or development to improve socially significant 
behaviors to a measurable degree, and to demonstrate that interventions employed are 
effective in improving behavior. Section 28.01-14 must also be amended to specify that 
assessment includes systematic information gathering including interview, direct 
observation and other evidence-based tools and measures; and 
2.  Section 28.04-2 must be amended to include as specialized services for children 
with cognitive impairments and functional limitations evidence-based treatment services 
for members under 21 years of age that utilize interventions designed to improve socially 
significant behaviors and developmentally appropriate skills to a measurable degree. The 
services must include problem-solving activities with members and member caregivers. 
SUMMARY 
This bill requires the Department of Health and Human Services to annually update 
MaineCare coverage for rehabilitative and community support services for children with 
cognitive impairments and functional limitations.  The bill also requires the department to 
amend MaineCare rules for those services, specifically amending the definitions of and 
coverage for specialized services and specialized services for children with cognitive 
impairments and functional limitations.