Resolve, To Improve Access to Bariatric Care
Maine Legislature, Session 130, LD 1386
Committee: Health and Human Services
Sponsors: PERRY, FAY, HYMANSON, CLAXTON

Legislative Document
No. 1386
H.P. 1020
House of Representatives, April 7, 2021
Resolve, To Improve Access to Bariatric Care
(EMERGENCY)
Received by the Clerk of the House on April 5, 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 PERRY of Calais.
Cosponsored by Representatives: FAY of Raymond, HYMANSON of York, Senator: 
CLAXTON of Androscoggin.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this resolve requires the Department of Health and Human Services to 
develop a plan to provide bariatric care beds in the State and in developing the plan, the 
department must begin the process of issuing a request for information before the 90-day 
period expires; 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.  Department of Health and Human Services to develop a plan for 
specialized bariatric care beds.  Resolved:  That the Department of Health and 
Human Services, referred to in this resolve as "the department," shall develop a plan to 
provide by September 1, 2022, up to 16 bariatric care beds in the State to serve individuals 
who are eligible for long-term care and need bariatric care.  In developing the plan, the 
department shall do the following.
1.  No later than August 31, 2021, the department shall issue a request for information 
to determine potential providers of nursing facility bariatric care beds.  Potential providers 
must include behavioral health technology partners to provide appropriate behavioral 
health services to residents occupying bariatric care beds.
2.  No later than October 31, 2021, the department shall review the responses to the 
request for information to inform the proposed amendment to the department's rule Chapter 
101: MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement 
for Nursing Facilities with respect to bariatric care beds.
3.  No later than December 31, 2021, the department shall adopt rules with rate changes 
that build upon the resource utilization group system designed to capture the clinical 
intensity needs of residents occupying bariatric care beds.  The rules must include 
appropriate weight or body mass index requirements, an enhanced rate of reimbursement 
to nursing facilities for residents occupying bariatric care beds and up to 30 bed hold days 
for bariatric care residents experiencing hospitalization.  The rules must also include direct 
billing to the department by providers of durable medical equipment, transportation and 
behavioral health services.  Rules adopted pursuant to this section are routine technical 
rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
4.  No later than March 30, 2022, the department shall issue a request for proposals to 
award contracts to provide bariatric care beds.
5.  No later than June 30, 2022, the department shall award contracts under the request 
for proposals.  Providers who are awarded contracts must offer bariatric care beds to 
appropriate residents no later than September 1, 2022 and receive enhanced reimbursement 
pursuant to rules adopted pursuant to subsections 2 and 3.
The department shall submit a report on progress, including any necessary legislation 
to establish the bariatric care beds and any required funding, to the Joint Standing 
Committee on Health and Human Services no later than December 1, 2021.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve requires the Department of Health and Human Services to develop a plan 
to provide up to 16 new specialized bariatric care nursing facility beds.