Resolve, To Increase Funding for Assertive Community Treatment
Maine Legislature, Session 129, LD 1135
Committee: Health and Human Services
Sponsors: MADIGAN, DESCHAMBAULT, DOORE, FARNSWORTH, SYLVESTER, CHENETTE

Legislative Document
No. 1135
H.P. 824
House of Representatives, March 7, 2019
Resolve, To Increase Funding for Assertive Community Treatment
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Cosponsored by Senator DESCHAMBAULT of York and
Representatives: DOORE of Augusta, FARNSWORTH of Portland, SYLVESTER of Portland, 
Senator: CHENETTE of York.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period because MaineCare reimbursement rates for providing individualized intensive 
integrated mental health services have not been adjusted in many years and are 
insufficient to enable some providers to continue to provide services; 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 increase 
MaineCare reimbursement for adults with serious mental illness.  Resolved:  
That the Department of Health and Human Services shall increase reimbursement rates 
under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 for 
assertive community treatment by 25% for the period from the effective date of this 
resolve to June 30, 2020.
Sec. 2.  Rate study.  Resolved:  That the Department of Health and Human 
Services shall contract with a 3rd party to conduct a rate study of reimbursement rates 
under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 for 
assertive community treatment.  The rate study must develop a rate that is set on a per 
member per month basis.  The rate study must also take into account the costs to 
providers of delivering the services, including the addition of peer supports to the 
treatment team.  The rate study must be completed no later than December 1, 2019.
Sec. 3.  Report.  Resolved:  That the Department of Health and Human Services 
shall submit a report to the joint standing committee of the Legislature having jurisdiction 
over health and human services matters with the findings of the rate study conducted 
pursuant to section 2 no later than January 30, 2020.
Sec. 4.  Rulemaking.  Resolved:  That the Department of Health and Human 
Services is authorized to adopt rules to implement new rates developed pursuant to the 
rate study in section 2 as long as those rates are no lower than the rates of reimbursement 
in effect on April 1, 2019 and the federal Department of Health and Human Services, 
Centers for Medicare and Medicaid Services approves the reimbursement rates.  Rules 
adopted pursuant to this section are routine technical rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 5.  Appropriations and allocations.  Resolved:  That the following 
appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding for a one-time increase to certain rates under rule Chapter 
101: MaineCare Benefits Manual, Chapters II and III, Section 17 by 25% until June 30, 
2020.
Office of MaineCare Services 0129
Initiative: Provides funding to contract with a 3rd party to conduct a rate study of certain 
rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 
to be completed no later than December 1, 2019.
GENERAL FUND
2018-19
2019-20
2020-21
All Other
$205,000
$820,000
$0
GENERAL FUND TOTAL
$205,000
$820,000
$0
FEDERAL EXPENDITURES 
FUND
2018-19
2019-20
2020-21
All Other
$361,000
$1,444,200
$0
FEDERAL EXPENDITURES FUND 
TOTAL
$361,000
$1,444,200
$0
GENERAL FUND
2018-19
2019-20
2020-21
All Other
$50,000
$0
$0
GENERAL FUND TOTAL
$50,000
$0
$0
FEDERAL EXPENDITURES 
FUND
2018-19
2019-20
2020-21
All Other
$50,000
$0
$0
FEDERAL EXPENDITURES FUND 
TOTAL
$50,000
$0
$0
HEALTH AND HUMAN 
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS
2018-19
2019-20
2020-21
GENERAL FUND
$255,000
$820,000
$0
FEDERAL EXPENDITURES 
FUND
$411,000
$1,444,200
$0
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve requires the Department of Health and Human Services to increase the 
MaineCare reimbursement rates for assertive community treatment by 25%, contract with 
a 3rd party to conduct a rate study of reimbursement rates for assertive community 
treatment and report with findings by January 30, 2020.  The department is authorized to 
set new rates based on the rate study as long as the rates are no lower than those in effect 
on April 1, 2019.
The resolve also includes an appropriations and allocations section.
DEPARTMENT TOTAL - ALL 
FUNDS
$666,000
$2,264,200
$0