An Act to Support the Essential Support Workforce by Promoting Enhanced Reimbursement and Benefits and Encouraging Information Sharing
Maine Legislature, Session 131, LD 1521
Committee: Health Coverage, Insurance and Financial Services
Sponsors: CLUCHEY, CLOUTIER, FAY, GOLEK, MILLETT, RECKITT, TALBOT ROSS
Amends: 22 MRSA §7305, 22 MRSA §7310, 22 MRSA §9053, 22 MRSA §9055, 22 MRSA §9066

Legislative Document
No. 1521
H.P. 976
House of Representatives, April 5, 2023
An Act to Support the Essential Support Workforce by Promoting 
Enhanced Reimbursement and Benefits and Encouraging 
Information Sharing
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLUCHEY of Bowdoinham.
Cosponsored by Representatives: CLOUTIER of Lewiston, FAY of Raymond, GOLEK of 
Harpswell, MILLETT of Cape Elizabeth, RECKITT of South Portland, Speaker TALBOT 
ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7305, sub-§5 is enacted to read:
5.  Mileage reimbursement.  The department shall reimburse a worker providing in-
home care, including a personal care assistant as defined in section 7302, subsection 8, a 
provider as defined in section 7302, subsection 9 and an essential support worker as defined 
in section 7401, subsection 3, for mileage accrued when traveling between clients, if the 
worker is visiting more than one client during a 24-hour period, and for mileage over 15 
miles accrued when traveling to and from visiting a client. Mileage reimbursement must 
be provided at the standard federal mileage rate as established by the United States Internal 
Revenue Service.
Sec. 2.  22 MRSA §7310 is enacted to read:
§7310.  Enhanced service coordination
1. Benefit established. The department shall establish an enhanced service 
coordination benefit.
2. Eligible members. The following individuals are eligible for the enhanced service 
coordination benefit under this subsection:
A. Adult MaineCare members who are elderly or disabled and whom the department 
determines are eligible for care provided in a nursing facility setting in accordance with 
the procedures described in section 3174-I but for whom care can be appropriately 
provided in a home or other residential community setting under a waiver granted by 
the United States Department of Health and Human Services, Centers for Medicare and 
Medicaid Services for home-based and community-based care and who choose to 
receive care in a home or other residential community setting;
B. Adult MaineCare members whom the department determines are eligible for private 
duty nursing and personal care services provided in a residential setting or other setting 
where normal life activities take place; and 
C. Adults who are elderly or disabled who are receiving state-funded in-home and 
community support services.  
3. Services. The enhanced service coordination benefit under this subsection must 
provide for enhanced case management services, including making and following up on 
referrals, transporting individuals to and from medical appointments and other services 
necessary to meet the needs established in the individual's plan of care.
Sec. 3.  22 MRSA c. 1629 is enacted to read:
CHAPTER 1629
ESSENTIAL SUPPORT WORKER AND IN-HOME CARE WORKER 
REGISTRIES
§7421. Essential support worker registry
The department shall establish a voluntary registry of essential support workers as 
defined in section 7401, subsection 3. The registry shall include the capability for workers 
to voluntarily upload, update, store and share employment paperwork, documents, 
credentials, training certificates, vaccination records and statuses, background check 
verifications, documents required by the MaineCare program and other necessary 
documents with providers, financial intermediaries and self-directing consumers. 
§7422. In-home care worker registry 
The department shall establish a voluntary registry of workers and entities providing 
in-home care, including personal care assistants as defined in section 7302, subsection 8 
and providers as defined in section 7302, subsection 9. The registry shall include a publicly 
accessible listing of in-home care providers and their service areas.
Sec. 4.  22 MRSA §9053, sub-§28-A is enacted to read:
28-A.  Portability.  "Portability" means the ability of a direct access worker to transfer 
the results of a background check report and information from the rap back monitoring 
program to a new employer.
Sec. 5.  22 MRSA §9055, sub-§3 is enacted to read:
3.  Fee waiver.  The department shall waive the user fee described in subsection 1 for 
providers who use the Background Check Center to conduct background checks on 
essential support workers as defined in section 7401, subsection 3.
Sec. 6.  22 MRSA §9066 is enacted to read:
§9066.  Portability
1.  Portability authorized.  A direct access worker may choose to transfer the direct 
access worker's background check report to the new employer.  The direct access worker 
may choose to transfer confidential information contained in the direct access worker's 
background check report when:
A.  The direct access worker agrees to submit to the requirements of this chapter;
B.  The direct access worker signs a statement releasing the confidential information 
to the new employer;
C.  The employer verifies and documents that the direct access worker has submitted 
the mandatory identity verification and employment eligibility documents required by 
rules adopted in accordance with this chapter; and
D.  The employer ensures the background check was completed within the last 5 years 
and enters the direct access worker into the rap back monitoring program.
Sec. 7. Health insurance for essential support workers. The Department of 
Health and Human Services shall examine the feasibility and projected cost of providing 
health insurance to all essential support workers, as defined in the Maine Revised Statutes, 
Title 22, section 7401, subsection 3, through the MaineCare program, the state employee 
health plan, the provision of premium subsidies for commercial health insurance or another 
mechanism. In drafting its recommendations, the department shall seek input from the 
Essential Support Workforce Advisory Committee. The department shall submit a report 
including recommendations, a review of all options considered by the department and the 
pros, cons and costs and savings of each option to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters by December 6, 
2023. 
SUMMARY
This bill implements a number of initiatives for essential support workers and in-home 
care workers. It establishes provider registries, waives background check fees for essential 
support workers and makes those background checks portable, establishes an enhanced 
service coordination benefit and directs the Department of Health and Human Services to 
study the feasibility of providing health insurance or subsidies for insurance to essential 
support workers.