An Act To Expand Eligibility for Home Accessibility Adaptation Benefits under the MaineCare Program
Maine Legislature, Session 129, LD 1944
Committee: Health and Human Services
Sponsors: TEPLER, LIBBY, FECTEAU, GATTINE, MEYER, RILEY, STOVER, SANBORN, VITELLI
Amends: 34-B MRSA §5438

Legislative Document
No. 1944
H.P. 1388
House of Representatives, January 8, 2020
An Act To Expand Eligibility for Home Accessibility Adaptation 
Benefits under the MaineCare Program
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TEPLER of Topsham.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: FECTEAU of Biddeford, GATTINE of Westbrook, McDONALD of 
Stonington, MEYER of Eliot, RILEY of Jay, STOVER of Boothbay, Senators: SANBORN, L. 
of Cumberland, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §5438, as amended by PL 2011, c. 542, Pt. A, §103, is 
further amended to read:
§5438.  Services for adults with diagnoses of intellectual disabilities or other 
developmental disabilities
To the extent possible using available resources, the department shall provide adults 
with diagnoses of intellectual disabilities and other developmental disabilities choices 
from among an array of supports and services, including but not limited to: employment 
supports, personal supports, home accessibility adaptations, day programs and residential 
services.  The department shall pursue appropriate resources for the supports and services 
needed by adults covered under this chapter.  The department shall also evaluate the 
effectiveness of the contracts initiated to provide services pursuant to this section between 
months and one year following the start of those contracts and shall develop protocols 
for such evaluations.
Sec. 2.  Department of Health and Human Services to amend rules.  The 
Department of Health and Human Services shall amend its rules in Chapter 101: 
MaineCare Benefits Manual, Chapters II and III, Sections 21 and 29 to allow for a person 
who is providing shared living housing support to a person who is a MaineCare member 
eligible and receiving services under those rules to qualify for the same home 
accessibility adaptations to the residence, including the same limits, that are available to 
the member if that member is making home accessibility adaptations to the member's or 
member's family's private residence.  Rules adopted pursuant to this section are routine 
technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 
2-A.
SUMMARY
This bill extends the current home accessibility adaptations available to MaineCare 
members receiving services under rule Chapter 101: MaineCare Benefits Manual, 
Chapters II and III, Sections 21 and 29 to persons providing shared living housing to a 
member receiving these services.  The bill also requires that the Department of Health 
and Human Services evaluate the effectiveness of contracts for services for adults with 
diagnoses of intellectual disabilities or other developmental disabilities.