An Act To Protect the Reproductive Rights and Freedoms of Maine People
Maine Legislature, Session 130, LD 0811
Committee Amendment CA_A_S534 (Senate)
Amends: 22 MRSA §3174

COMMITTEE AMENDMENT" fl--" to S.P. 156, L.D. 811, "An Act To Protect the 
Reproductive Rights and Freedoms of Maine People" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §3174-111 is enacted to read: 
§3174-ID. Reimbursement for comprehensive sexual and reproductive health care 
services 
Notwithstanding any provision of law to the contrary, the department shall provide 
reimbursement for sexual and reproductive health care providers for activities and services 
to address the health ofMaineCare members in accordance with this section. 
1. Definition. For purposes of this section, "sexual and reproductive health care 
provider" means an enrolled MaineCare provider engaged primarily in the delivery of 
services described in 42 United States Code, Section 1396d(a)(4)(C). 
2. Comprehensive sexual and reproductive health care services payment. The 
department shall determine and pay each sexual and reproductive health care provider an 
amount based on the total number of MaineCare-covered patient encounters per month, to 
include patient encounters taking place on or after July I, 2022. The payment must include 
compensation for the difference between the payment for services described in subsection 
I and I 00% of the reasonable costs of operation, including without limitation the costs of 
all services. 
In determining the payment, the department may exclude only those 
incremental operating costs directly attributable to specific items and services that federal 
law explicitly prohibits Medicaid programs from reimbursing. The payment required by 
this subsection must be made for all encounters with a sexual and reproductive health care 
provider by any MaineCare member, regardless of the category or other basis for the 
member's eligibility for MaineCare coverage. 
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. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" /Jr "to S.P. 156, L.D. 811 ( S- ':> ?ll) 
The department shall pursue all opportunities to maximize available federal 
reimbursement, including available Medicaid match rates for or other opportunities to 
maximize state resources for family planning services. 
Sec. 2. Rulemaking. The Department of Health and Human Services shall propose 
rules to implement the comprehensive sexual and reproductive health care services 
payment required by the Maine Revised Statutes, Title 22, section 3174-III, subsection 2 
no later than October 1, 2022. The final rule adopted following publication of the proposed 
rule required by this section must make the comprehensive services payment effective 
retroactively to July 1, 2022. Rules adopted pursuant to this section are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Medical Care-Payments to Providers 0147 
Initiative: Provides funding for an additional payment to sexual and reproductive health 
care providers for each MaineCare-covered patient encounter. 
GENERAL FUND 
2021-22 
2022-23 
All Other 
$0 
$628,551 
GENERAL FUND TOTAL 
$0 
$628,551 
FEDERAL EXPENDITURES FUND 
2021-22 
2022-23 
All Other 
$0 
$1,083,656 
FEDERAL EXPENDITURES FUND TOTAL 
$0 
$1,083,656 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and provides that: 
1. Beginning July 1, 2022, a payment must be made to sexual and reproductive health 
care providers primarily providing family planning services for each MaineCare-covered 
patient encounter to compensate for the additional services delivered by these providers in 
providing the family planning services. This payment must cover the difference between 
total operating costs and the payments made for billed services; 
2. Rules implementing this requirement must be proposed by October I, 2022, and 
payments must be retroactive for services provided on or after July 1, 2022; and 
COMMITTEE AMENDMENT 
CO"MMITTEE AMENDMENT ''ft- "to S.P. 156, L.D. 811 (~-53L0 
3. The Department of Health and Human Services must pursue available federal 
matching funds to support this additional payment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/07 /22 frac::.. 
LD811 
LR 1917(02) 
An Act To Protect the Reproductive Rights and Freedoms of Maine People 
Fiscal Note for Bill as Amended by Committee Amendment ''(!.' ( S-53q\ 
Committee: Health and Human Services 
~ 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Federal Expenditures Fund 
Revenue 
Federal Expenditures Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2021-22 
$0 
$0 
$0 
$0 
FY2022-23 
$628,551 
$628,551 
$1,083,656 
$1,083,656 
Projections 
FY2023-24 
$627,524 
$627,524 
$1,084,683 
$1,084,683 
Projections 
FY2024-25 
$627,181 
$627,181 
$1,085,026 
$1,085,026 
The bill includes General Fund appropriations to the Department of Health and Human Services of $628,551 
beginning in fiscal year 2022-23 for an additional payment to sexual and reproductive health care providers for each 
MaineCare covered patient encounter. 
LRI 917(02) - Fiscal Note - Page I of I