Resolve, To Ensure Continued Services for Children with Disabilities by Imposing a Delay on MaineCare Rulemaking until an Impact Study Is Completed”
Maine Legislature, Session 129, LD 2141
Committee Amendment CA_A_H818 (House)

COMMITTEE AMENDMENT “      ” to H.P. 1529, L.D. 2141, “Resolve, To Ensure 
Continued Services for Children with Disabilities by Imposing a Delay on MaineCare 
Rulemaking until an Impact Study Is Completed”
Amend the resolve by striking out the title and substituting the following:
'Resolve, Relating to Rule-making Authority To Ensure Continued Services for 
Children with Disabilities'
Amend the resolve by striking out everything after the title and inserting the following:
'Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, school-based services provided to children are critical to child development 
and must be available to the maximum extent possible under federal law; and
Whereas, the Legislature has an important role in ensuring that rules adopted by the 
Department of Health and Human Services result in school-based services being provided 
to children by providing additional review, and the review must be in place as soon as 
possible; 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.  School-based services rulemaking; major substantive rules.  
Resolved:  That any amendments to Department of Health and Human Services rules that 
affect school-based services provided by developmental preschools to children from birth 
to 5 years of age including those provided under 10-144 C.M.R. Chapter 101: MaineCare 
Benefits Manual, Chapters II and III, Section 28 or 65 and any new rules relating to these 
services made prior to January 1, 2023 are major substantive rules as defined in the Maine 
Revised Statutes, Title 5, chapter 375, subchapter 2-A.  Notwithstanding Title 5, section 
COMMITTEE AMENDMENT “      ” to H.P. 1529, L.D. 2141
COMMITTEE AMENDMENT
8054, the department may not adopt any rule described in this section as an emergency 
unless the emergency is a response to a state of emergency declared by the Governor.
Sec. 2.  Stakeholder group; review of early childhood special education 
services.  Resolved:  That the Department of Health and Human Services shall convene 
a stakeholder group to participate in any rulemaking pursuant to this resolve, including the 
drafting of rules and any proposed changes to those rules after the public hearing process 
to the extent permitted by the Maine Revised Statutes, Title 5, chapter 375.  Stakeholders 
include representatives of providers, advocates, parents of children receiving services, the 
Child Development Services System and the Department of Education.  The Department 
of Health and Human Services also shall take into account the findings from the 
independent review of the State's early childhood special education services being carried 
out pursuant to Public Law 2019, chapter 343, Part VVVV.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.'
Amend the resolve by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment replaces the resolve.  It designates any amendments or new rules made 
prior to January 1, 2023 governing school-based services provided by developmental 
preschools to children from birth to 5 years of age to be major substantive rules.  It requires 
the Department of Health and Human Services to convene a stakeholder group when 
drafting those rules and take into account the findings from the independent review of the 
State's early childhood special education services being carried out pursuant to Public Law 
2019, chapter 343, Part VVVV.  The amendment also adds an emergency preamble and 
emergency clause.
FISCAL NOTE REQUIRED
(See attached)
Approved: 07/27/20
LD 2141
LR 3210(02)
Fiscal Detail and Notes
Minor cost increase - General Fund
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to 
be minor and can be absorbed within existing budgeted resources.  Additional costs to the Department of Education 
and Child Development Services for respresentatives to participate in the rulemaking process as part of the 
stakeholder group can be absorbed within existing budgeted resources.
Resolve, To Ensure Continued Services for Children with Disabilities by Imposing a Delay on 
MaineCare Rulemaking until an Impact Study is Completed
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
LR3210(02) - Fiscal Note - Page 1 of 1