An Act To Continue MaineCare Coverage for Parents During the Rehabilitation and Reunification Process
Maine Legislature, Session 129, LD 0195
Committee: Health and Human Services
Sponsors: HYMANSON, CHIPMAN, BEEBE-CENTER, COREY, CRAVEN, DENNO, MADIGAN, MASTRACCIO, MILLETT
Amends: 22 MRSA §3174-B

Legislative Document
No. 195
H.P. 158
House of Representatives, January 17, 2019
An Act To Continue MaineCare Coverage for Parents During the 
Rehabilitation and Reunification Process
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: BEEBE-CENTER of Rockland, COREY of Windham, CRAVEN of 
Lewiston, DENNO of Cumberland, MADIGAN of Waterville, MASTRACCIO of Sanford, 
Senator: MILLETT of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-BBB is enacted to read:
§3174-BBB.  Coverage for parents participating in rehabilitation and reunification 
efforts
Notwithstanding section 3174, a parent receiving benefits under this chapter as a 
parent of one or more dependent minor children who have been removed from the home 
of that parent pursuant to section 4036-B continues to be eligible for benefits under this 
chapter until either the department discontinues rehabilitation and reunification efforts 
pursuant to section 4041 or parental rights have been terminated pursuant to section 4055, 
whichever occurs first.  The department shall adopt rules to implement this section.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 2.  Waiver request.  No later than January 1, 2020, the Department of Health 
and Human Services shall submit a waiver request to the United States Department of 
Health and Human Services, Centers for Medicare and Medicaid Services that requests 
approval for Medicaid coverage of a parent who has one or more children removed from 
the home but remains engaged in reunification efforts as established in the Maine Revised 
Statutes, Title 22, section 3174-BBB.  The department shall take all reasonable and 
necessary steps to seek approval of the waiver.  Upon approval of the waiver request, the 
Commissioner of Health and Human Services shall notify the Secretary of State, the 
Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes of that fact.
Sec. 3.  Report.  The Department of Health and Human Services shall report 
quarterly to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters, beginning October 1, 2019, on the department's 
progress in seeking a waiver under section 2 and implementing rules under section 4 until 
the process is complete.
Sec. 4.  Rulemaking.  Within 180 days of receiving approval for coverage by the 
United States Department of Health and Human Services, Centers for Medicare and 
Medicaid Services pursuant to a request in accordance with section 2, the Department of 
Health and Human Services shall adopt rules to implement the Maine Revised Statutes, 
Title 22, section 3174-BBB.  Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5.  Contingent effective date.  That section of this Act that enacts the Maine 
Revised Statutes, Title 22, section 3174-BBB takes effect only if the United States 
Department of Health and Human Services, Centers for Medicare and Medicaid Services 
approves a waiver request submitted in accordance with section 2 of this Act.  In no event 
may this Act take effect until 90 days after the adjournment of the First Regular Session 
of the 129th Legislature.
SUMMARY
This bill requires the Department of Health and Human Services to submit a waiver 
request no later than January 1, 2020 to the United States Department of Health and 
Human Services, Centers for Medicare and Medicaid Services to implement the 
provisions of this bill that require the department to continue to provide MaineCare 
coverage to a parent who is a MaineCare member and who is participating in 
rehabilitation and reunification efforts in accordance with a rehabilitation and 
reunification plan.  The department is required to take all reasonable and necessary steps 
to seek approval of the waiver.  Upon approval of the waiver, the department is directed 
to adopt rules no later than 180 days after receiving approval.  The department is required 
to report its progress in seeking a waiver and implementing rules on a quarterly basis 
beginning October 1, 2019 until the process is complete.