An Act to Require Reporting on the Percentage of Approved Care Being Delivered to Individuals
Maine Legislature, Session 131, LD 1238
Committee: Health and Human Services
Sponsors: CLUCHEY, CRAVEN, FAY, GATTINE, JAVNER, ZAGER, MOORE
Amends: 22 MRSA §3197

Legislative Document
No. 1238
H.P. 786
House of Representatives, March 21, 2023
An Act to Require Reporting on the Percentage of Approved Care 
Being Delivered to Individuals
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLUCHEY of Bowdoinham.
Cosponsored by Representatives: CRAVEN of Lewiston, FAY of Raymond, GATTINE of 
Westbrook, JAVNER of Chester, ZAGER of Portland, Senator: MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3197 is enacted to read:
§3197.  Data collection and reporting regarding care
1. Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Approved care" means care services provided by an essential support worker to 
older persons, persons with physical or intellectual disabilities and persons with 
behavioral health challenges that have been authorized for reimbursement or direct 
payment under the MaineCare program, a federal waiver or another state program.
B.  "Essential support worker" has the same meaning as in section 7401, subsection 3.
2. Data collection required.  The department shall establish a process to collect data 
relevant to the report described in subsection 3 about approved care provided to MaineCare 
members, persons receiving home or community-based approved care under a federal 
waiver or persons receiving approved care under another state program.
3. Report required.  On a quarterly basis, the department shall publish a report and 
make that report available to the public.  The report must include the following information, 
categorized by county:
A. The number of individuals receiving:
(1) Zero percent of the amount of approved care the individual is approved to 
receive;
(2) One percent to 25% of the amount of approved care the individual is approved 
to receive;
(3) Twenty-six percent to 50% of the amount of approved care the individual is 
approved to receive;
(4) Fifty-one percent to 75% of the amount of approved care the individual is 
approved to receive;
(5) Seventy-six percent to 90% of the amount of approved care the individual is 
approved to receive; and
(6) Ninety-one percent to 100% of the amount of approved care the individual is 
approved to receive; 
B.  The number of beds that are licensed and physically available and have no current 
staff on hand to attend to a patient who would occupy the bed in residential facilities 
that provide approved care; and
C.  If there is a waiting list for approved care, the number of individuals on the waiting 
list.
Sec. 2.  First report.  The Department of Health and Human Services shall publish 
the first report required by the Maine Revised Statutes, Title 22, section 3197 no later than 
March 1, 2024.
SUMMARY
This bill requires the Department of Health and Human Services to collect and publish 
data on a quarterly basis relating to care services provided by an essential support worker 
that have been authorized for reimbursement or direct payment under the MaineCare 
program, a federal waiver or another state program.