Resolve, Regarding Increases in Reimbursement Rates for Certain Children's Habilitative Services under MaineCare (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1820
Committee: Health and Human Services
Sponsors: MALABY, PERRY

Legislative Document
No. 1820
H.P. 1262
House of Representatives, February 5, 2018
Resolve, Regarding Increases in Reimbursement Rates for Certain 
Children's Habilitative Services under MaineCare
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MALABY of Hancock.
Cosponsored by Representative: PERRY of Calais.
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 Department of Health and Human Services contracted for a rate study 
for MaineCare rehabilitative and community support services for children with cognitive 
impairments and functional limitations under department rule Chapter 101:  MaineCare 
Benefits Manual, Chapter III, Section 28, which was performed by Burns & Associates, 
Inc. and which recommended rate increases for certain services covered by that rule; and
Whereas, the recommended rate increases have not been implemented because the 
department has not proposed a rule amendment to put the increased rates into effect; and
Whereas, Public Law 2017, chapter 284, Part SSSSSSS, section 1 places a 
moratorium on decreases in rates for these services but does not prohibit rate increases; 
and
Whereas, the providers of these services are in need of the recommended rate 
increases because, as shown in the rate study, current rates do not cover costs that must be 
met in order for providers to continue to offer these services; 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 to increase 
MaineCare rates.  Resolved:  That, notwithstanding any other provision of law, no 
later than April 1, 2018, the Department of Health and Human Services shall amend rule 
Chapter 101: MaineCare Benefits Manual, Chapter III, Section 28 to increase 
reimbursement rates for children's habilitative services and specialized children's 
habilitative services in accordance with the April 24, 2017 report "Rate Study for 
Behavioral Health and Targeted Case Management Services:  Final Proposed Rates for 
Formal Rulemaking" prepared for the department by Burns & Associates, Inc.  Rules 
adopted pursuant to this section are major substantive rules pursuant to the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve directs the Department of Health and Human Services to adopt major 
substantive rules amending rule Chapter 101: MaineCare Benefits Manual, Chapter III, 
Section 28 by April 1, 2018 to increase reimbursement rates for children's habilitative 
services and specialized children's habilitative services in accordance with the April 24, 
2017 report "Rate Study for Behavioral Health and Targeted Case Management Services:  
Final Proposed Rates for Formal Rulemaking" prepared for the department by Burns & 
Associates, Inc.