Resolve, To Stabilize the Behavioral Health Workforce and Avert More Expensive Treatments
Maine Legislature, Session 129, LD 0593
Committee: Health and Human Services
Sponsors: BREEN, MADIGAN, FOLEY, MOORE, BICKFORD, BROOKS, MILLETT, MORALES, PEOPLES, TUELL

Legislative Document
No. 593
S.P. 180
In Senate, February 5, 2019
Resolve, To Stabilize the Behavioral Health Workforce and Avert 
More Expensive Treatments
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BREEN of Cumberland.
Cosponsored by Representative MADIGAN of Waterville and
Senators: FOLEY of York, MOORE of Washington, Representatives: BICKFORD of Auburn, 
BROOKS of Lewiston, MILLETT of Waterford, MORALES of South Portland, PEOPLES of 
Westbrook, 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, behavioral health services are important for the overall health and 
well-being of the recipients of those services; and
Whereas, unequal rates of reimbursement for employees providing direct care 
services create huge barriers to employment and retention; and
Whereas, instability of the direct care services workforce reduces access to services 
by those in need of them; and
Whereas, a lack of receipt of these behavioral health services could lead to a need 
for more expensive treatments; and
Whereas, this legislation requires that an amendment to rules to address this 
inequality be made by July 1, 2019; 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 rates. Resolved: That, no later than July 1, 2019, the Department of 
Health and Human Services shall amend rule Chapter 101: MaineCare Benefits Manual, 
Chapter III, Section 65, Behavioral Health Services to increase reimbursement rates by 
8%.  The rule must specify that the increase in reimbursement rates must be applied to 
wages and benefits for employees who provide direct care services and not to 
administrators or managers.
Sec. 2.  Increase to employee wages. Resolved: That to qualify for the 
reimbursement rate increase pursuant to section 1, an agency providing services must 
demonstrate, to the satisfaction of the Department of Health and Human Services, that an 
increase in wages and benefits has been granted to employees providing direct care 
services that equals the amount of the projected increase in reimbursement to be received.  
The increase in wages and benefits must be paid or granted retroactively from the date the 
department begins reimbursing at the increased rates.
Sec. 3.  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 appropriations and allocations for an increase to rates for certain 
services.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve provides funding to increase rates by 8% in rule Chapter 101: 
MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services.  The 
resolve also specifies that the increase in reimbursement rates must be applied to wages 
and benefits for employees who provide direct care services and not to administrators or 
managers and that to qualify for the rate increase an agency providing services must 
demonstrate, to the satisfaction of the Department of Health and Human Services, that an 
increase in wages and benefits has been granted to employees providing direct care 
services that equals the amount of the projected increase in reimbursement to be received.
GENERAL FUND
2019-20
2020-21
All Other
$5,228,227
$5,489,638
GENERAL FUND TOTAL
$5,228,227
$5,489,638
FEDERAL EXPENDITURES FUND
2019-20
2020-21
All Other
$9,507,474
$9,982,848
FEDERAL EXPENDITURES FUND TOTAL
$9,507,474
$9,982,848