An Act To Advance Palliative Care Utilization in the State
Maine Legislature, Session 129, LD 1950
Committee: Health and Human Services
Sponsors: CRAVEN, MOORE, CARNEY, DOUDERA, FARNSWORTH, GATTINE, CLAXTON, MILLETT
Amends: 22 MRSA §1726-A, 22 MRSA §3174-E

Legislative Document
No. 1950
H.P. 1394
House of Representatives, January 8, 2020
An Act To Advance Palliative Care Utilization in the State
(EMERGENCY)
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 CRAVEN of Lewiston.
Cosponsored by Senator MOORE of Washington and
Representatives: CARNEY of Cape Elizabeth, DOUDERA of Camden, FARNSWORTH of 
Portland, GATTINE of Westbrook, Senators: CLAXTON of Androscoggin, MILLETT of 
Cumberland, SANBORN, L. of Cumberland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, with the advent of reduced opioid prescribing, people with chronic pain 
are often left hopeless and at high risk of suicide or addiction; and
Whereas, this Act requires the adoption of rules that support and standardize the 
delivery of palliative care in the State; and
Whereas, the rulemaking process must be commenced before the expiration of the 
90-day period due to the critical nature of the problem this Act seeks to address; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1726-A is enacted to read:
§1726-A.  Palliative care
1.  Definition.  For the purposes of this section, "palliative care" has the same 
meaning as in section 1726.
2.  Rules.  The department shall adopt rules that support and standardize the delivery 
of palliative care in the State.  The rules must include, but are not limited to, strategies for 
the distribution of public educational documents and the distribution by health care 
providers of information regarding the availability of palliative care to patients.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
3.  Stakeholders.  The department shall periodically consult with the Maine Hospice 
Council established in section 8611, the Palliative Care and Quality of Life 
Interdisciplinary Advisory Council established in Title 5, section 12004-I, subsection 47-I 
and other stakeholders when developing educational documents and rules related to this 
section.
Sec. 2.  22 MRSA §3174-EEE is enacted to read:
§3174-EEE.  Palliative care reimbursement
1.  Reimbursement.  The department shall provide reimbursement under the 
MaineCare program for palliative care.  For the purposes of this section, "palliative care" 
has the same meaning as in section 1726.
2.  Rules.  The department shall adopt rules to implement this section.  The rules 
must include reimbursement policies and quality control measures that ensure and 
promote high-value palliative care under the MaineCare program.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in 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 bill directs the Department of Health and Human Services to provide 
reimbursement under the MaineCare program for palliative care.  It also requires the 
department to adopt rules that support and standardize the delivery of palliative care in 
the State, including but not limited to strategies for the distribution of public educational 
documents and the distribution by health care providers of information regarding the 
availability of palliative care to patients.  It also requires the department to consult with 
the Maine Hospice Council, the Palliative Care and Quality of Life Interdisciplinary 
Advisory Council and other stakeholders when developing educational documents and 
rules related to palliative care.