An Act To Allow Parents of Minors Who Qualify for In-home Personal Care under the MaineCare Program To Be Employed as Caregivers for Those Minors”
Maine Legislature, Session 129, LD 1936
Committee Amendment CA_A_H843 (House)
Amends: 22 MRSA §3174-E

COMMITTEE AMENDMENT “      ” to H.P. 1380, L.D. 1936, “An Act To Allow 
Parents of Minors Who Qualify for In-home Personal Care under the MaineCare Program 
To Be Employed as Caregivers for Those Minors”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  22 MRSA §3174-EEE is enacted to read:
§3174-EEE.  In-home personal care services to minors
1.  Reimbursement for parent.  A parent of a child who is eligible for in-home 
personal care services under the MaineCare program or a similar state-funded program may 
receive reimbursement for providing those services to the child only if the parent is hired 
and supervised by an employer pursuant to subsection 2 and in accordance with rules 
adopted by the department.
2.  Employer designation.  In order for a parent to be reimbursed under subsection 1, 
an employer must be designated by the department.  The employer must be approved by 
both the department and the parent to act in the child's best interest.  The employer may be 
another person who is not the parent of the child or may be a personal care agency as 
defined in section 1717, subsection 1, paragraph C or a placement agency as defined in 
section 1717, subsection 1, paragraph C-1.  
3.  Rulemaking.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  Department of Health and Human Services to seek federal 
approval.  The Department of Health and Human Services shall seek any necessary state 
plan amendments or waivers from the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services to implement the Maine Revised 
Statutes, Title 22, section 3174-EEE.  The department shall submit the requests for approval 
no later than 6 months after the effective date of this Act.
COMMITTEE AMENDMENT “      ” to H.P. 1380, L.D. 1936
COMMITTEE AMENDMENT
Sec. 3.  Rulemaking.  The Department of Health and Human Services shall adopt 
rules in accordance with the Maine Revised Statutes, Title 22, section 3174-EEE, 
subsection 3 no later than 6 months after receiving the necessary approvals from the United 
States Department of Health and Human Services, Centers for Medicare and Medicaid 
Services.
Sec. 4.  Reports.  The Department of Health and Human Services shall submit an 
interim report on its progress in submitting requests and receiving federal approval 
pursuant to section 2 of this Act no later than March 1, 2021 and a final report on the 
number of parents providing in-home personal care services to their children under the 
Maine Revised Statutes, Title 22, section 3174-EEE, including the number of hours of care 
provided by parents and any costs and savings, no later than January 1, 2024 to the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters.
Sec. 5.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides appropriation and allocation for the reimbursement of a parent 
providing in-home personal care services to the parent's child.
GENERAL FUND
2019-20
2020-21
   All Other
$0
$73,423
__________
__________
GENERAL FUND TOTAL
$0
$73,423
FEDERAL EXPENDITURES FUND
2019-20
2020-21
   All Other
$0
$128,942
__________
__________
FEDERAL EXPENDITURES FUND TOTAL
$0
$128,942
Sec. 6.  Contingent effective date.  That section of this Act that enacts the Maine 
Revised Statutes, Title 22, section 3174-EEE takes effect only if the necessary approvals 
sought pursuant to section 2 of this Act are received and upon the adoption of rules in 
section 3 of this Act.  The Commissioner of Health and Human Services shall notify the 
Secretary of State, Secretary of the Senate, Clerk of the House of Representatives and 
Revisor of Statutes when approvals sought under section 2 have been received and the rules 
under section 3 are adopted.'
SUMMARY
This amendment provides that a parent providing in-home personal care services under 
the MaineCare program to that parent's minor child must be an employee of an employer 
designated by the department.  The amendment also requires the Department of Health and 
COMMITTEE AMENDMENT “      ” to H.P. 1380, L.D. 1936
COMMITTEE AMENDMENT
Human Services to report to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters regarding progress in submitting any 
waiver or state plan amendment to the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services and submit a final report regarding 
the number of parents providing in-home personal care services to their children.
This amendment also adds appropriations and allocations.
FISCAL NOTE REQUIRED
(See attached)
Revised: 07/02/20
LD 1936
LR 3078(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$73,423
$125,963
$125,963
Appropriations/Allocations
General Fund
$0
$73,423
$125,963
$125,963
Federal Expenditures Fund
$0
$128,942
$220,948
$220,948
Revenue
Federal Expenditures Fund
$0
$128,942
$220,948
$220,948
Fiscal Detail and Notes
Fiscal Note
The bill includes General Fund appropriations to Department of Health and Human Services of $73,423 in fiscal year 
2020-21 for the reimbursement of a parent providing in-home personal care services to the parent's child. A Federal 
Expenditures Fund allocation is also included for the FMAP match.
An Act To Allow Parents of Minors Who Qualify for In-home Personal Care under the MaineCare 
Program To Be Employed as Caregivers for Those Minors
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health and Human Services
Fiscal Note Required: Yes
LR3078(02) - Fiscal Note - Page 1 of 1