An Act To Address the Shortage of Direct Care Workers for Children with Disabilities in Maine
Maine Legislature, Session 130, LD 1204
Committee: Health and Human Services
Sponsors: BALDACCI, STETKIS, DAVIS, CRAVEN, MADIGAN, PERRY
Amends: 22 MRSA §3174-F

Legislative Document
No. 1204
S.P. 389
In Senate, March 24, 2021
An Act To Address the Shortage of Direct Care Workers for 
Children with Disabilities in Maine
Received by the Secretary of the Senate on March 22, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Representative STETKIS of Canaan and
Senator: DAVIS of Piscataquis, Representatives: CRAVEN of Lewiston, MADIGAN of 
Waterville, PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-FFF is enacted to read:
§3174-FFF.  In-home personal care services to minors
1.  Reimbursement for parent.   A parent of a child who is eligible for in-home 
personal care services under the MaineCare program may register as a personal care agency 
as defined in section 1717, subsection 1, paragraph C and determined in department rule 
and receive reimbursement for providing those services to the child if the following 
requirements are met:
A. The parent has made reasonable efforts to obtain regular in-home personal care 
services; and
B. The parent has satisfied the requirements of the applicable background check 
required for providers of in-home personal care services.
2.  Employer designation.   In order for a parent to be registered as a personal care 
agency under subsection 1, another individual who is not a parent of the child must be 
designated the employer. The person designated as the employer must be approved by both 
the department and the parent to act in the child's interest.
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.
Sec. 2.  Department of Health and Human Services to seek federal 
approval.  The Department of Health and Human Services shall seek any necessary state 
plan amendments or waivers from the United States Department of Health and Human 
Services, Centers for Medicare and Medicaid Services to implement the Maine Revised 
Statutes, Title 22, section 3174-FFF. The department shall submit the requests for approval 
no later than 6 months after the effective date of this Act.
Sec. 3.  Rulemaking.  The Department of Health and Human Services shall adopt 
rules in accordance with the Maine Revised Statutes, Title 22, section 3174-FFF, 
subsection 3 no later than 6 months after receiving the necessary approvals from the United 
States Department of Health and Human Services, Centers for Medicare and Medicaid 
Services.
Sec. 4.  Contingent effective date. That section of this Act that enacts the Maine 
Revised Statutes, Title 22, section 3174-FFF takes effect only if the necessary approvals 
sought pursuant to section 2 of this Act are received. The Commissioner of Health and 
Human Services shall notify the Secretary of State, Secretary of the Senate, Clerk of the 
House of Representatives and Revisor of Statutes when approvals sought under section 2 
have been received.
SUMMARY
This bill allows for the reimbursement of a parent providing in-home personal care 
services to the parent's child by allowing the parent to register as a personal care agency if 
the parent has made reasonable efforts to obtain regular in-home personal care services and 
has passed a background check. The child must be eligible for the MaineCare program. An 
individual who is not a parent of the child must be designated as the employer and must be 
approved as the employer by both the parent and the Department of Health and Human 
Services. The department is required to request the necessary state plan amendments or 
waivers from the federal Department of Health and Human Services, Centers for Medicare 
and Medicaid Services and adopt routine technical rules upon federal approval.