An Act Regarding Substance Use Disorder Treatment Services and Increasing Reimbursement Rates for Those Services
Maine Legislature, Session 130, LD 1135
Committee: Health and Human Services
Sponsors: STOVER
Amends: 5 MRSA §20005

Legislative Document
No. 1135
H.P. 813
House of Representatives, March 22, 2021
An Act Regarding Substance Use Disorder Treatment Services and 
Increasing Reimbursement Rates for Those Services
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 STOVER of Boothbay.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20005, sub-§21, as amended by PL 2019, c. 524, §11, is further 
amended to read:
21.  List of banned performance-enhancing substances.  Develop and maintain a list 
of banned performance-enhancing substances in accordance with Title 20‑A, section 6621; 
and
Sec. 2.  5 MRSA §20005, sub-§22, as enacted by PL 2019, c. 524, §12, is amended 
to read:
22.  Certification of recovery residences.  Establish by rule criteria for the 
certification of recovery residences.  The criteria for the certification of recovery residences 
must be based on criteria for recovery residences developed by a nationally recognized 
organization that supports persons recovering from substance use disorder.  Certification 
of a recovery residence pursuant to this subsection is voluntary.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A.; and
Sec. 3.  5 MRSA §20005, sub-§23 is enacted to read:
23.  Trauma-informed principles of care.  Ensure that all substance use disorder 
services funded by the department conform to trauma-informed principles of care as 
developed by the United States Department of Health and Human Services, Substance 
Abuse and Mental Health Services Administration.
Sec. 4.  Department of Health and Human Services to increase substance 
use disorder treatment reimbursement rates.  No later than January 1, 2022, the 
Department of Health and Human Services shall amend its rule Chapter 101: MaineCare 
Benefits Manual, Chapter III, Section 65, Behavioral Health Services, to increase all rates 
of reimbursement for outpatient services for substance use disorder by 25%.
Sec. 5.  Department of Health and Human Services to amend substance 
abuse treatment facility rules.  No later than January 1, 2022, the Department of Health 
and Human Services shall amend its rule Chapter 101: MaineCare Benefits Manual, 
Chapter III, Section 97, Private Non-Medical Institution Services, Appendix B, Principles 
of Reimbursement for Substance Abuse Treatment Facilities, to make the following 
changes:
1.  Increase the rates of reimbursement for all services, except for detoxification 
services, by 25%; and
2.  Reimburse detoxification services according to a cost-based rate methodology.
Sec. 6.  Department of Health and Human Services to amend private non-
medical institution services rules.  No later than January 1, 2022, the Department of 
Health and Human Services shall amend its rule Chapter 101: MaineCare Benefits Manual, 
Chapter II, Section 97, Private Non-Medical Institution Services, to make the following 
changes to services provided in a private non-medical institution Appendix B facility:
1.  Increase the limit on the number of consecutive days allowed for a residential 
rehabilitation type I service to 45 days as long as the need is documented in the MaineCare 
member's treatment plan;
2.  Increase the limit on the term of residency for a residential rehabilitation type II 
service to 60 days as long as the need is documented in the MaineCare member's treatment 
plan; and
3.  Remove the limit of a single admission to halfway house services annually but retain 
the limit on those services to 180 days in a year.
SUMMARY
This bill includes a statutory requirement for substance use disorder treatments to 
comply with trauma-informed principles of care according to the United States Department 
of Health and Human Services, Substance Abuse and Mental Health Services 
Administration.  The bill also requires the Department of Health and Human Services to 
amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, 
Behavioral Health Services, to increase reimbursement for substance use disorder 
outpatient services by 25%; it also requires a 25% increase in reimbursement for services 
provided under Chapter II, Section 97, Private Non-Medical Institution Services, Appendix 
B, Principles of Reimbursement for Substance Abuse Treatment Facilities, except for 
detoxification services, and requires the methodology for reimbursement for detoxification 
services to be cost-based.  The bill also requires the department to amend rule Chapter 101: 
MaineCare Benefits Manual, Chapter II, Section 97, Private Non-Medical Institution 
Services, to change the limitations on the number of days for certain residential treatment 
services.