Resolve, To Increase Funding for Evidence-based Therapies for Treating Emotional and Behavioral Problems in Children (AFTER DEADLINE)
Maine Legislature, Session 129, LD 1809
Committee: Health and Human Services
Sponsors: MADIGAN, PERRY

Legislative Document
No. 1809
H.P. 1289
House of Representatives, May 30, 2019
Resolve, To Increase Funding for Evidence-based Therapies for 
Treating Emotional and Behavioral Problems in Children
(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 MADIGAN of Waterville.
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, this legislation needs to take effect before the expiration of the 90-day 
period because MaineCare reimbursement rates for evidence-based therapies for treating 
emotional and behavioral problems in children have not been adjusted in more than 8 
years and are insufficient to enable some providers to continue to provide 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 reimbursement for outpatient psychosocial treatments for 
children.  Resolved:  That the Department of Health and Human Services shall 
increase reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, 
Chapters II and III, Section 65 for multisystemic therapy, multisystemic therapy for 
problem sexualized behavior and functional family therapy by 20% for the period from 
the effective date of this resolve to June 30, 2020.
Sec. 2.  Rate study.  Resolved:  That the Department of Health and Human 
Services shall contract with a 3rd party to conduct a rate study of reimbursement rates 
under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 for 
multisystemic therapy, multisystemic therapy for problem sexualized behavior and 
functional family therapy.  The rate study must develop a rate that is set on a per case per 
week basis.  The rate study must also take into account the costs to providers of 
delivering the services, including additional training, and maintenance of fidelity to the 
treatment models.  The rate study must be completed no later than December 1, 2019.
Sec. 3.  Report.  Resolved:  That the Department of Health and Human Services 
shall submit a report to the Joint Standing Committee on Health and Human Services 
with the findings of the rate study conducted pursuant to section 2 no later than January 
30, 2020.
Sec. 4.  Rulemaking.  Resolved:  That the Department of Health and Human 
Services is authorized to adopt rules to implement new rates developed pursuant to the 
rate study in section 2 as long as those rates are no lower than the rates of reimbursement 
that exist on April 1, 2019 and the federal Department of Health and Human Services, 
Centers for Medicare and Medicaid Services approves the reimbursement rates.  Rules 
adopted pursuant to this section are routine technical rules as defined in 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 requires the Department of Health and Human Services to increase 
reimbursement rates for multisystemic therapy, multisystemic therapy for problem 
sexualized behavior and functional family therapy by 20% until June 30, 2020.  It 
requires the department to contract for a 3rd-party rate study of the reimbursement rates 
for those therapies, including developing a rate set on a per case per week basis rather 
than the current 15-minute increments.  The rate study must also take into account the 
costs to providers of delivering the services, including additional training, and 
maintenance of fidelity to the treatment models.  The rate study must be completed no 
later than December 1, 2019.  The department must submit a report on the results of the 
study to the Joint Standing Committee on Health and Human Services no later than 
January 30, 2020.  The department is authorized to implement new rates through 
rulemaking as long as the rates are no lower than those that exist on April 1, 2019 and the 
rates are approved by the federal Department of Health and Human Services, Centers for 
Medicare and Medicaid Services.