An Act to Prohibit the Department of Health and Human Services from Implementing Electronic Visit Verification for Hospice Providers Within the MaineCare Program Unless Mandated by the Federal Government
Maine Legislature, Session 131, LD 2055
Committee: Health and Human Services
Sponsors: CLOUTIER, ROTUNDO, CRAVEN, FAY, GATTINE, GERE, GOLEK, HASENFUS, PIERCE, VITELLI
Amends: 22 MRSA §3174-N

Legislative Document
No. 2055
H.P. 1317
House of Representatives, December 13, 2023
An Act to Prohibit the Department of Health and Human Services 
from Implementing Electronic Visit Verification for Hospice 
Providers Within the MaineCare Program Unless Mandated by the 
Federal Government
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Clerk of the House on December 11, 2023.  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 CLOUTIER of Lewiston.
Cosponsored by Senator ROTUNDO of Androscoggin and
Representatives: CRAVEN of Lewiston, FAY of Raymond, GATTINE of Westbrook, GERE 
of Kennebunkport, GOLEK of Harpswell, HASENFUS of Readfield, Senators: PIERCE of 
Cumberland, VITELLI of Sagadahoc.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Department of Health and Human Services is currently implementing 
electronic visit verification for hospice providers within the MaineCare program, which is 
not required under the federal 21st Century Cures Act; and
Whereas, many hospice providers are unable to comply with electronic visit 
verification; and
Whereas, expanding electronic visit verification to hospice providers increases the 
administrative burden without consideration for the increased financial cost, with no 
material impact on fraud prevention or improvement in care for MaineCare members; and
Whereas, it is important that the Department of Health and Human Services cease 
implementing electronic visit verification as soon as possible because residents of the State 
and their families depend on hospice services for end-of-life care; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-NNN is enacted to read:
§3174-NNN.  MaineCare hospice electronic visit verification prohibited
The department may not implement electronic visit verification for providers offering 
hospice services under the MaineCare program until electronic visit verification is 
mandated for these services by the Federal Government.
For purposes of this section, "electronic visit verification" means a system under which 
visits conducted as part of hospice services are electronically verified with respect to the 
type of service performed, the individual receiving the service, the date of the service, the 
location of service delivery, the individual providing the service and the time the service 
begins and ends.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill prohibits the Department of Health and Human Services from implementing 
electronic visit verification for providers offering hospice services within the MaineCare 
program until electronic visit verification is mandated for those services by the Federal 
Government.