An Act To Ensure MaineCare Reimbursement Rates for Home and Community-based Services for Persons with Intellectual Disabilities or Autism Are Adjusted in Accordance with Increases in State and Municipal Minimum Wage
Maine Legislature, Session 130, LD 1157
Committee: Health and Human Services
Sponsors: LIBBY, JACKSON, CRAVEN, MADIGAN, POIRIER, SYLVESTER, DESCHAMBAULT, MAXMIN
Amends: 22 MRSA §3173, 34-B MRSA §5006

Legislative Document
No. 1157
H.P. 835
House of Representatives, March 22, 2021
An Act To Ensure MaineCare Reimbursement Rates for Home and 
Community-based Services for Persons with Intellectual Disabilities 
or Autism Are Adjusted in Accordance with Increases in State and 
Municipal Minimum Wage
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative LIBBY of Auburn.
Cosponsored by President JACKSON of Aroostook and
Representatives: CRAVEN of Lewiston, MADIGAN of Waterville, POIRIER of Skowhegan, 
SYLVESTER of Portland, Senators: DESCHAMBAULT of York, MAXMIN of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3173, as amended by PL 1997, c. 676, §1 and PL 2003, c. 689, 
Pt. B, §6, is further amended by adding after the 15th paragraph 2 new paragraphs to read:
The department shall annually adjust its reimbursement rates for home and community-
based services provided to persons with intellectual disabilities or autism to account for 
annual cost-of-living adjustments to the minimum wage established by Title 26, section 
664, subsection 1.  The department shall ensure that the increase in reimbursement is at 
least equivalent to the increase in the minimum wage and that the increase goes into effect 
at the same time the increase in the minimum wage goes into effect or is applied 
retroactively to the date of the increase in the minimum wage.
The department shall adjust its reimbursement rates for home and community-based 
services provided to persons with intellectual disabilities or autism to account for any 
increase to the minimum wage or any other wage requirement enacted by a municipality 
through an ordinance adopted pursuant to the ordinance power established in Title 30-A, 
section 3001.  The department shall ensure that the increase in reimbursement is at least 
equivalent to the increase in the minimum wage or other wage requirement and that the 
increase goes into effect at the same time the increase in the minimum wage or other wage 
requirement goes into effect or is applied retroactively to the date of the increase in the 
minimum wage or other wage requirement.
Sec. 2.  34-B MRSA §5006 is enacted to read:
§5006.  State and municipal minimum wage increases
The department shall ensure that reimbursement rates to providers of home and 
community-based services to a person receiving services under this chapter must include 
any increases to the minimum wage or other wage requirements as required by Title 22, 
section 3173.
SUMMARY
This bill requires the Department of Health and Human Services to increase its 
reimbursement rates to providers of home and community-based services to persons with 
intellectual disabilities or autism by the same amount of increase required under the 
minimum wage law pursuant to the Maine Revised Statutes, Title 26, section 664, 
subsection 1 or by a municipal ordinance.  If a municipal ordinance increases other wage 
requirements in the ordinance, such as a requirement for time-and-a-half in certain 
circumstances, that amount of increase is also required in the reimbursement rates.