Resolve, Directing the Department of Health and Human Services To Allow Spouses To Provide Home and Community-based Services to Eligible MaineCare Members
Maine Legislature, Session 129, LD 0084
Committee: Health and Human Services
Sponsors: COREY, DIAMOND, FAY, GRIFFIN, HUBBELL, O'CONNOR, PERRY, WARREN, BREEN, ROSEN

Legislative Document
No. 84
H.P. 70
House of Representatives, January 15, 2019
Resolve, Directing the Department of Health and Human Services 
To Allow Spouses To Provide Home and Community-based Services 
to Eligible MaineCare Members
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COREY of Windham.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: FAY of Raymond, GRIFFIN of Levant, HUBBELL of Bar Harbor, 
O'CONNOR of Berwick, PERRY of Calais, WARREN of Hallowell, Senators: BREEN of 
Cumberland, ROSEN of Hancock.
Sec. 1.  Department of Health and Human Services request to amend 
waiver.  Resolved:  That, no later than January 1, 2020, the Department of Health and 
Human Services shall submit a request to the United States Department of Health and 
Human Services, Centers for Medicare and Medicaid Services to amend the existing 
federal 1915(c) waiver, granted pursuant to the Social Security Act, 42 United States 
Code, Section 1396n(c), that provides home and community-based services under the 
department's rule Chapter 101:  MaineCare Benefits Manual, Chapter II, Section 19 to 
allow eligible members to receive services provided by spouses who are employed as 
personal support specialists to provide those services.  The waiver request must identify 
the specific services that may be provided by a spouse under the waiver.
Sec. 2.  Rulemaking.  Resolved:  That the Department of Health and Human 
Services, upon receiving notice of approval for the amendment to the federal 1915(c) 
waiver from the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services pursuant to section 1, shall amend the department's rule 
Chapter 101:  MaineCare Benefits Manual, Chapter II, Section 19 to allow for spouses to 
be employed as personal support specialists for eligible members.  A spouse may be 
reimbursed only for providing extraordinary care and services that the spouse is not 
normally expected to provide.  The department shall adopt any rules necessary regarding 
the specific services that may be provided by a spouse under the waiver.  Reimbursement 
for services provided by a spouse may not exceed the cap and limits in department rules.
Sec. 3.  Report.  Resolved:  That the Department of Health and Human Services 
shall report to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters with an interim report by April 30, 2020 outlining the 
progress of applying for, receiving and implementing the amended federal 1915(c) waiver 
pursuant to section 1.  The department shall submit a final report no later than January 1, 
2021 outlining the progress of receiving and implementing the amended federal 1915(c) 
waiver, and, if the amended federal waiver is granted, the report must include data on the 
number of people receiving services under the department's rule Chapter 101:  MaineCare 
Benefits Manual, Chapter II, Section 19 who employ personal support specialists who are 
spouses; the costs or savings from the employment of spouses as personal support 
specialists; and recommendations on the feasibility of future similar expansion to other 
MaineCare programs or other potential waivers available under Medicaid.  The joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters may report out a bill to the First Regular Session of the 130th Legislature 
regarding any recommendations contained in the report.
SUMMARY
This resolve requires the Department of Health and Human Services to submit a 
request to the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services to amend the current federal 1915(c) waiver so that 
eligible members receiving home and community-based services under the department's 
rule Chapter 101:  MaineCare Benefits Manual, Chapter II, Section 19 will be able to 
receive services provided by spouses who are employed as personal support specialists to 
provide those services.  It requires the department to amend its rules after the amended 
waiver approval has been received from the Federal Government.  The resolve requires 
the department to provide an interim report regarding the progress in applying for, 
receiving and implementing the amended waiver and a final report with data on the 
number of individuals receiving services from spouses, any information about costs or 
savings and recommendations about the feasibility for similarly expanding other 
MaineCare programs or other potential waiver programs available under Medicaid.