An Act To Amend the Laws Governing Estate Recovery under the MaineCare Program”
Maine Legislature, Session 129, LD 1954
Committee Amendment CA_A_H866 (House)
Amends: 22 MRSA §14

COMMITTEE AMENDMENT “      ” to H.P. 1398, L.D. 1954, “An Act To Amend 
the Laws Governing Estate Recovery under the MaineCare Program”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  22 MRSA §14, sub-§2-I, ¶A, as amended by PL 2003, c. 20, Pt. K, §2, is 
further amended by amending subparagraph (2) to read:
(2)  It is determined that the recipient was 55 years of age or older when that person 
received MaineCare assistance and the MaineCare assistance received was for 
nursing facility services or home and community-based services, including 
hospital and prescription drug services provided to a person receiving nursing 
facility services or home and community-based services.  The amount of the 
department's claim under this subparagraph is limited to the amount of the 
MaineCare assistance provided for the services specified in this subparagraph as 
required by federal law.  The provisions of this subparagraph apply in all cases in 
which the department is not pursuing an action to enforce a claim against a 
deceased member's estate as of the effective date of this subparagraph; or
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides appropriation and allocation to account for changes to estate recovery 
under the MaineCare program.
GENERAL FUND
2019-20
2020-21
All Other
$0
$244,539
__________
__________
GENERAL FUND TOTAL
$0
$244,539
COMMITTEE AMENDMENT “      ” to H.P. 1398, L.D. 1954
COMMITTEE AMENDMENT
FEDERAL EXPENDITURES FUND
2019-20
2020-21
All Other
$0
$429,447
__________
__________
FEDERAL EXPENDITURES FUND TOTAL
$0
$429,447
Office of MaineCare Services 0129
Initiative: Provides appropriation and allocation for technology changes required by 
changes to estate recovery under the MaineCare program.
GENERAL FUND
2019-20
2020-21
All Other
$0
$3,837
__________
__________
GENERAL FUND TOTAL
$0
$3,837
FEDERAL EXPENDITURES FUND
2019-20
2020-21
All Other
$0
$11,511
__________
__________
FEDERAL EXPENDITURES FUND TOTAL
$0
$11,511
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF
DEPARTMENT TOTALS
2019-20
2020-21
GENERAL FUND
$0
$248,376
FEDERAL EXPENDITURES FUND
$0
$440,958
__________
__________
DEPARTMENT TOTAL - ALL FUNDS
$0
$689,334
'
SUMMARY
This amendment, which is the unanimous report of the committee, clarifies that the 
provisions regarding estate recovery relating to hospital and prescription drug services do 
not apply to those services provided to MaineCare members generally, but only to a 
MaineCare member who is receiving nursing facility services or home and community-
based services.  The amendment also provides that actions that are pending as of the 
effective date of this legislation are not affected by the changes to estate recovery provided 
in this legislation.
This amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Revised: 07/14/20
LD 1954
LR 2929(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$248,376
$419,528
$419,528
Appropriations/Allocations
General Fund
$0
$248,376
$419,528
$419,528
Federal Expenditures Fund
$0
$440,958
$735,877
$735,877
Revenue
Federal Expenditures Fund
$0
$440,958
$735,877
$735,877
Fiscal Detail and Notes
Fiscal Note
The bill includes General Fund appropriations to the Department of Health and Human Services of $248,376 in fiscal 
year 2020-21 to account for changes to estate recovery under the MaineCare Program. Federal Expenditures Fund 
allocations are also included for the FMAP match.
An Act To Amend the Laws Governing Estate Recovery under the MaineCare Program
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health and Human Services
Fiscal Note Required: Yes
LR2929(02) - Fiscal Note - Page 1 of 1