An Act Regarding Paying Providers Sufficiently, Maintaining Short Waiting Lists and Creating a Cause of Action for Aggrieved Persons in the System of Care for Clients with Intellectual Disabilities or Autism
Maine Legislature, Session 131, LD 1250
Committee: Health and Human Services
Sponsors: OSHER, BAILEY, COPELAND, CRAVEN, GOLEK, RISEMAN, SHAGOURY, STOVER, INGWERSEN
Amends: 34-B MRSA §5003-A

Legislative Document
No. 1250
H.P. 798
House of Representatives, March 21, 2023
An Act Regarding Paying Providers Sufficiently, Maintaining Short 
Waiting Lists and Creating a Cause of Action for Aggrieved Persons 
in the System of Care for Clients with Intellectual Disabilities or 
Autism
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Cosponsored by Senator BAILEY of York and
Representatives: COPELAND of Saco, CRAVEN of Lewiston, GOLEK of Harpswell, 
RISEMAN of Harrison, SHAGOURY of Hallowell, STOVER of Boothbay, Senator: 
INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  34-B MRSA §5003-A, sub-§2, ¶G, as amended by PL 2021, c. 321, §4, is 
further amended by amending subparagraph (3) to read:
(3)  The commissioner shall inform the joint standing committee of the Legislature 
having jurisdiction over human resources matters about areas where increased 
cooperation by other departments is necessary in order to improve the delivery of 
services to persons with intellectual disabilities or autism; and
Sec. 2.  34-B MRSA §5003-A, sub-§2, ¶H, as enacted by PL 2021, c. 321, §5, is 
amended to read:
H.  Post quarterly reports on the department’s publicly accessible website, for each 
home and community-based services waiver from the United States Department of 
Health and Human Services, Centers for Medicare and Medicaid Services in which the 
State participates, data on how many persons were served and how many were on the 
waiting list for services.  The department shall post this information by prioritization 
category when applicable and shall include one or more indicators of the length of time 
that persons are on the waiting list.;
Sec. 3.  34-B MRSA §5003-A, sub-§2, ¶I is enacted to read:
I.  Ensure that payments to providers of services and supports are consistent with 
efficiency, economy and quality of care and are sufficient to enlist enough providers 
so that care and services are available to persons with intellectual disabilities, autism, 
brain injury or other related conditions at least to the extent that such care and services 
are available to the general population in the State; and
Sec. 4.  34-B MRSA §5003-A, sub-§2, ¶J is enacted to read:
J.  Ensure that waiting lists are sufficiently short so that care and services are available 
to persons with intellectual disabilities, autism, brain injury or other related conditions 
at least to the extent that such care and services are available to the general population 
of the State.
Sec. 5.  34-B MRSA §5003-A, sub-§8 is enacted to read:
8.  Cause of action.  Notwithstanding Title 14, chapter 741, a person with an 
intellectual disability, autism, a brain injury or another related condition aggrieved by a 
violation in the performance of responsibilities under subsections 1 to 6 may bring a civil 
action to enforce rights granted or protected by subsections 1 to 6 against the department 
and any person who is alleged to have committed the violation.
A.  An action under this subsection must be commenced in Superior Court in the county 
where the alleged violation occurred or where the plaintiff or defendant resides.
B.  Any relief granted by the court under this subsection is limited to declaratory or 
injunctive relief.
C.  The court does not have jurisdiction over an action filed under this subsection if the 
plaintiff has commenced federal judicial or administrative proceedings under Section 
or 504 of the federal Rehabilitation Act of 1973, 29 United States Code, Section 
or 794, as amended, or federal regulations promulgated under those sections, or 
under the federal Americans with Disabilities Act of 1990, 42 United States Code, 
Section 12101, et seq., as amended, or federal regulations promulgated under that Act, 
involving or arising out of the facts and circumstances involved in the alleged violation 
under this subsection. If a federal or administration proceeding under this paragraph is 
commenced after a civil action has been commenced under this subsection, the court 
shall dismiss the action.
D.  The court may award reasonable attorney’s fees to the prevailing party in an action 
under this subsection.
SUMMARY
This bill amends the law governing the system of care for clients with intellectual 
disabilities or autism by:
1. Requiring the Department of Health and Human Services to pay providers of 
services and supports sufficiently to ensure that persons with intellectual disabilities, 
autism, brain injury or other related conditions receive the same level of care as the general 
population;
2. Requiring the Department of Health and Human Services to ensure that waiting lists 
under the system are sufficiently short to provide the same level of care as received by the 
general population; and
3. Creating a cause of action for persons aggrieved by violations by the Department of 
Health and Human Services in performing the department’s responsibilities under the 
system.