Resolve, To Increase Funding for Children's Behavioral Health Issues in Order To Return to the State Children Who Are Currently Housed in Residential Treatment Systems outside of the State and To Suspend Certain Contracts Related to Psychiatric Residential Treatment Facilities
Maine Legislature, Session 129, LD 0984
Committee: Health and Human Services
Sponsors: GRAMLICH, LIBBY, BEEBE-CENTER, BRENNAN, MADIGAN, PERKINS, STEWART, MOORE

Legislative Document
No. 984
H.P. 739
House of Representatives, February 26, 2019
Resolve, To Increase Funding for Children's Behavioral Health 
Issues in Order To Return to the State Children Who Are Currently 
Housed in Residential Treatment Systems outside of the State and 
To Suspend Certain Contracts Related to Psychiatric Residential 
Treatment Facilities
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BEEBE-CENTER of Rockland, BRENNAN of Portland, MADIGAN of 
Waterville, McCREIGHT of Harpswell, PERKINS of Oakland, STEWART of Presque Isle, 
Senators: MOORE of Washington, SANBORN, L. of Cumberland.
Sec. 1.  Department of Health and Human Services to coordinate with 
families of children receiving services out of state.  Resolved: That the 
Department of Health and Human Services through its case managers shall coordinate 
with families of children who are receiving residential treatment services for behavioral 
health issues out of state to develop plans to bring the children back to the State to receive 
the required services that would be received under rule Chapter 101: MaineCare Benefits 
Manual, Chapter II, Section 97, Private Non-Medical Institution Services, if room were 
available.
Sec. 2.  Suspension and moratorium on contracts involving psychiatric 
residential treatment facility licensed by Department of Health and Human 
Services. Resolved:  That any contract to which the Department of Health and Human 
Services is a party that is related to a psychiatric residential treatment facility to be 
licensed under rule Chapter 36: Children's Residential Care Facilities Licensing Rule is 
suspended and unenforceable as of the effective date of this section.  The department is 
prohibited from entering into a new contract related to a psychiatric residential treatment 
facility to be licensed under rule Chapter 36: Children's Residential Care Facilities 
Licensing Rule.   The department may not issue any new contracts related to rule Chapter 
36: Children's Residential Care Facilities Licensing Rule.  The suspension and 
moratorium imposed by this section expire 30 days after the submission of the report 
required by section 3 of this resolve.
Sec. 3.  Department of Health and Human Services to review MaineCare 
rates. Resolved:  That the Department of Health and Human Services shall perform a 
comprehensive review regarding psychiatric residential treatment facilities licensed under 
rule Chapter 36: Children's Residential Care Facilities Licensing Rule, referred to in this 
section as "the facilities."  The review must include an examination and evaluation of:
1.  The number of children's residential beds available in the facilities and the number 
of children's residential beds needed;
2.  The adequacy of staffing levels for the facilities;
3.  The impact of the current MaineCare reimbursement rate on the ability to maintain 
adequate staffing levels for the facilities; and
4. Whether the current MaineCare reimbursement rate is impeding the construction of 
additional facilities and, if so, what an appropriate reimbursement rate is.
The department shall report its findings and recommendations, including any 
necessary implementing legislation, to the Joint Standing Committee on Appropriations 
and Financial Affairs and the Joint Standing Committee on Health and Human Services 
no later than January 2, 2020.
Sec. 4.  Department of Health and Human Services to increase 
MaineCare rates. Resolved: That, no later than October 1, 2019, the Department of 
Health and Human Services shall amend rule Chapter 101: MaineCare Benefits Manual, 
Chapter III, Section 65, Behavioral Health Services, Children's Home and Community 
Based Treatment, and Section 97, Appendix D, Principles of Reimbursement for Child 
Care Facilities, to increase reimbursement rates by 30%.
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 to increase rates in rule Chapter 101: MaineCare Benefits 
Manual, Chapter III, Section 65, Behavioral Health Services, Children's Home and 
Community Based Treatment, by 30% and in rule Chapter 101: MaineCare Benefits 
Manual, Chapter III, Section 97, Appendix D, Principles of Reimbursement for Child 
Care Facilities, by 30%.
SUMMARY
This resolve requires the Department of Health and Human Services to coordinate 
with families of children who are receiving certain services out of state to develop plans 
to bring the children back to the State to receive the required services and care.  The 
resolve also suspends current contracts regarding any psychiatric residential treatment 
facility licensed by the department and prohibits the department from issuing new 
contracts for such facilities.  The suspension and moratorium are lifted 30 days after the 
department submits a report, as required by this resolve, to the Joint Standing Committee 
on Appropriations and Financial Affairs and the Joint Standing Committee on Health and 
Human Services regarding the adequacy of beds and staffing levels in those facilities and 
the need to increase the MaineCare reimbursement rate to allow for additional facilities or 
staffing.
GENERAL FUND
2019-20
2020-21
All Other
$6,578,135
$8,770,847
GENERAL FUND TOTAL
$6,578,135
$8,770,847
FEDERAL EXPENDITURES FUND
2019-20
2020-21
All Other
$13,488,349
$17,984,466
FEDERAL EXPENDITURES FUND TOTAL
$13,488,349
$17,984,466
OTHER SPECIAL REVENUE FUNDS
2019-20
2020-21
All Other
$839,203
$1,118,937
OTHER SPECIAL REVENUE FUNDS TOTAL
$839,203
$1,118,937
Additionally, the resolve provides funding to increase rates in rule Chapter 101:  
MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services, 
Children's Home and Community Based Treatment and Section 97, Appendix D, 
Principles of Reimbursement for Child Care Facilities by 30% no later than October 1, 
2019.