Resolve, To Expand Transportation Services for Seniors Who Are MaineCare Members
Maine Legislature, Session 129, LD 1142
Committee: Health and Human Services
Sponsors: MAXMIN, DOW, ACKLEY, COREY, FAY, MAREAN, MARTIN, SCHNECK, TUELL

Legislative Document
No. 1142
H.P. 831
House of Representatives, March 7, 2019
Resolve, To Expand Transportation Services for Seniors Who Are 
MaineCare Members
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MAXMIN of Nobleboro.
Cosponsored by Senator DOW of Lincoln and
Representatives: ACKLEY of Monmouth, COREY of Windham, FAY of Raymond, 
MAREAN of Hollis, MARTIN of Greene, McLEAN of Gorham, SCHNECK of Bangor, 
TUELL of East Machias.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, preparation of amendments to federal waivers under the Social Security 
Act are labor intensive and require time to prepare; and
Whereas, a stakeholder group to develop a plan for transportation services for the 
elderly must begin as soon as possible in order to have sufficient time to develop a report 
to be acted on during the next legislative session; 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 amend the Section 
waiver.  Resolved:  That the Department of Health and Human Services shall seek 
to amend the existing 1915(c) waiver to allow individuals receiving services under the 
department's rule Chapter 101: MaineCare Benefits Manual, Section 19 to receive 
transportation services necessary to access services specified in an individual's service 
plan, in addition to any currently permissible medical transportation, when the individual 
has no other means of transportation.  The department shall submit a waiver amendment 
request to the United States Department of Health and Human Services, Centers for 
Medicare and Medicaid Services no later than October 1, 2019.
Sec. 2.  Rulemaking.  Resolved:  That, upon approval of the waiver amendment 
pursuant to section 1, the department shall amend its rule Chapter 101: MaineCare 
Benefits Manual, Section 19 to allow for the transportation services allowed by the 
amendment to the waiver.  Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.  The department shall submit a 
progress report on the waiver application and rulemaking to the Joint Standing 
Committee on Health and Human Services  no later than January 1, 2020.  
Sec. 3.  Department of Health and Human Services to study nonmedical 
transportation for seniors.  Resolved:  That the Department of Health and Human 
Services shall convene a stakeholder group to develop a plan to provide nonmedical 
transportation services to travel to destinations to meet basic needs to persons who are 61 
years of age or older with no other means of transportation and who are MaineCare 
members or receive state-funded services under the department's rule Chapter 5: Office of 
Elder Services Policy Manual, Section 63.  The department shall submit a report with a 
proposed plan including funding estimates and sources of funding as well as any 
suggested legislation to the Joint Standing Committee on Health and Human Services no 
later than January 30, 2020.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This emergency resolve requires the Department of Health and Human Services to 
submit an amendment request to the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services to the 1915(c) waiver that provides 
services to the elderly under the department's rule Chapter 101: MaineCare Benefits 
Manual, Section 19 to allow for coverage of transportation services required to access 
services specified in the individual's service plan that are nonmedical in nature.  The 
waiver request must be submitted no later than October 1, 2019.  Upon approval, the 
department shall amend its rules to cover the new service.  The department shall submit a 
progress report to the Joint Standing Committee on Health and Human Services regarding 
the waiver request and rulemaking.  The resolve also requires the Department of Health 
and Human Services to convene a stakeholder group to develop a plan to provide 
nonmedical transportation services to travel to destinations to meet basic needs to persons 
who are 61 years of age or older with no other means of transportation and who are 
MaineCare members or receive state-funded services under the department's rule Chapter 
5: Office of Elder Services Policy Manual, Section 63.  The plan must be submitted to the 
Joint Standing Committee on Health and Human Services no later than January 30, 2020.