An Act To Protect Substance-exposed Infants
Maine Legislature, Session 128, LD 1063
Committee Amendment CA_A_H383 (House)
Amends: 22 MRSA §3173-G

COMMITTEE AMENDMENT "~" to H.P. 746, L.D. 1063, Bill, "An Act To 
Protect Substance-exposed Infants" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reduce the Number of Substance-exposed Infants' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §3173-G, as enacted by PL 2015, c. 356, §1 and affected by §4, 
is amended to read: 
§3173-G. 
Medicaid coverage for reproductive health care and family planning 
services 
The department shall provide for the delivery of federally approved Medicaid 
services to a qualified adult or adolescent when the adult's or adolescent's individual 
income is equal to or below 209% of the nonfarm income official poverty line for 
reproductive health care and family planning services, including pregnancy prevention, 
testing and treatment for sexually transmitted infection or cancer and access to 
contraception, in accordance with the federal Patient Protection and Affordable Care Act, 
Public Law 111-148, as amended by the federal Health Care and Education 
Reconciliation Act of 2010, Public Law 111-152. If a MaineCare provider determines 
that an adult or adolescent is likely to be eligible for services under this section, the 
provider must be reimbursed for services provided under this section until the department 
determines that the adult or adolescent is not eligible. Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Presumptive eligibility; rulemaldng. No later than January 1, 2018, the 
Department of Health and Human Services shall amend its rules in Chapter 332: 
MaineCare Eligibility Manual to establish presumptive eligibility for individuals who are 
determined likely to be eligible under the Maine Revised Statutes, Title 22, section 
COMMITTEE AMENDMENT 
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("\',, 
,_, 
COMMITTEE AMENDMENT"A" to H.P. 746, L.D. 1063 
3173-G by a MaineCare provider beginning on the day that the individual receives 
services until the department determines that the individual is not eligible. 
Sec. 3. Contraceptive counseling; rulemaking. No later than January 1, 2018, 
the Department of Health and Human Services shall amend its rules in Chapter 101: 
MaineCare Benefits Manual, Chapter II, Section 90 to require postpartum obstetrical care 
services to include the provision of covered contraceptive counseling. Contraceptive 
counseling must be provided immediately postpartum if the individual and the provider 
determine it is appropriate. 
Sec. 4. Outreach and educational programs. The Department of Health and 
Human Services shall contract with a community-based nonprofit organization to develop 
outreach and educational programs regarding family planning options and availability for 
women and adolescents at risk of giving bhth to an infant exposed to illegal substances. 
All programs must emphasize the right to individual self-determination regarding family 
planning and childbearing. Programming must be targeted to women and adolescents 
who are: 
1. Participating in substance use disorder treatment; 
2. Housed in a correctional setting; 
3. Expet)encing homelessness; and 
4. Living in other circumstances that identify a need for family planning services. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides appropriation for a contract with an entity to develop outreach and 
educational programs regarding family planning options and availablility for women at 
risk of giving bitth to an infant exposed to illegal substance abuse. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
$120,000 
$120,000 
2018-19 
$120,000 
$120,000 
This amendment, which is the majority report, replaces the bill, which is a concept 
draft, and changes the title. It requires the Depa1tment of Health and Human Services to 
amend its rules in the MaineCare Eligibility Manual to provide for presumptive eligibility 
for individuals who are likely to qualify for the family planning benefit under the Maine 
Revised Statutes, Title 22, section 3173-G. It also requires the department to amend its 
rules under the MaineCare Benefits Manual, Section 90 to include contraceptive 
counseling as part of the services provided to women and adolescents eligible for the 
COMMITTEE AMENDMENT 
I 
COMMITIEE AMENDMENT "A" to H.P. 746, L.D. 1063 
MaineCare program, including counseling immediately postpartum as long as the patient 
and the provider determine it is appropriate. It requires the department to contract for 
community-based outreach and education regarding family planning options and 
availability that is targeted toward women and adolescents who are participating in 
substance use disorder treatment, in correctional settings, experiencing homelessness and 
living in other circumstances that identify a need for family planning services. The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/27/17 feac 
LD 1063 
LR 1996(02) 
An Act To Protect Substance-exposed Infants 
Fiscal Note for Bill as Amended by Committee Amendment ff' 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$120,000 
$120,000 
$120,000 
$120,000 
Projections 
FY 2019-20 
$120,000 
$120,000 
Projections 
FY 2020-21 
$120,000 
$120,000 
The bill includes General Fund appropriations to the Department of Health and Human Services of $120,000 
beginning in fiscal year 2017-18 for a contract with an entity to develop outreach and educational programs regarding 
family planning options and availablility for women at risk of giving bitih to an infant exposed to illegal substance 
abuse. 
LR1996(02) - Fiscal Note - Page 1 of 1