An Act to Fund Competitive Wages for Direct Support Professionals for Persons with Disabilities
Maine Legislature, Session 131, LD 1037
Committee: Health and Human Services
Sponsors: OSHER, TIPPING, CRAFTS, GEIGER, GOLEK, ROEDER, STOVER, WILLIAMS
Amends: 22 MRSA §7402

Legislative Document
No. 1037
H.P. 673
House of Representatives, March 7, 2023
An Act to Fund Competitive Wages for Direct Support Professionals 
for Persons with Disabilities
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 TIPPING of Penobscot and
Representatives: CRAFTS of Newcastle, GEIGER of Rockland, GOLEK of Harpswell, 
LaROCHELLE of Augusta, ROEDER of Bangor, STOVER of Boothbay, WILLIAMS of Bar 
Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7402, sub-§1, as enacted by PL 2021, c. 398, Pt. AAAA, §1, is 
amended to read:
1.  At least 125% 157% of the minimum wage.  An amount equal to at least 125% 
157% of the minimum wage established in Title 26, section 664, subsection 1 for the labor 
portion of the reimbursement rate.  An increase to the minimum wage must be applied to 
the reimbursement rate at the time the increase takes place; and
Sec. 2.  Reimbursement rates for home and community-based services.  The 
Department of Health and Human Services shall amend its rules to increase MaineCare 
reimbursement rates for home and community-based services, including daily living 
supports, by increasing the labor portion of the reimbursement rates for essential support 
workers as defined in the Maine Revised Statutes, Title 22, section 7401, subsection 3 to 
157% of the minimum wage and by increasing reimbursement for related taxes and benefits 
for the following sections of rule Chapter 101:  MaineCare Benefits Manual, Chapter III:
1.  Section 12, Allowances for Consumer Directed Attendant Services;
2.  Section 17, Allowances for Community Support Services;
3.  Section 18, Allowances for Home and Community-Based Services for Adults with 
Brain Injury;
4.  Section 19, Home and Community Benefits for the Elderly and Adults with 
Disabilities;
5.  Section 20, Allowances for Home and Community Based Services for Adults with 
Other Related Conditions;
6.  Section 21, Allowances for Home and Community Benefits for Adults with 
Intellectual Disabilities or Autism Spectrum Disorder;
7.  Section 26, Day Health Services;
8.  Section 29, Allowances for Support Services for Adults with Intellectual Disabilities 
or Autism Spectrum Disorder;
9.  Section 65, Behavioral Health Services; and
10.  Section 96, Private Duty Nursing and Personal Care Services.
Sec. 3.  Reimbursement rates for state-funded home and community-based 
services.  The Department of Health and Human Services shall amend its rules to increase 
reimbursement rates for state-funded home and community-based services by increasing 
the labor portion of the reimbursement rates for essential support workers as defined in the 
Maine Revised Statutes, Title 22, section 7401, subsection 3 to 157% of the minimum wage 
and by increasing reimbursement for related taxes and benefits for the following 
department rules: 
1.  14-197 C.M.R. Chapter 11, Consumer Directed Personal Assistance Services;
2.  10-149 C.M.R. Chapter 5, Office of Aging and Disability Services Policy Manual, 
Section 61, Adult Day Services;
3.  10-149 C.M.R. Chapter 5, Office of Aging and Disability Services Policy Manual, 
Section 63, In-Home and Community Support Services for Elderly and Other Adults;
4.  10-149 C.M.R. Chapter 5, Office of Aging and Disability Services Policy Manual, 
Section 68, Respite Care Services for People with Alzheimer's or Related Disorders; and
5.  10-149 C.M.R. Chapter 5, Office of Aging and Disability Services Policy Manual, 
Section 69, Office of Elder Services Homemaker Program.
Sec. 4.  Reimbursement rates for residential services.  The Department of 
Health and Human Services shall amend its rules to increase per diem calculations to 
include an increase to the labor portion of the reimbursement rates for essential support 
workers as defined in the Maine Revised Statutes, Title 22, section 7401, subsection 3 to 
157% of the minimum wage and by increasing reimbursement for related taxes and benefits 
for the following residential services provided under rule Chapter 101: MaineCare Benefits 
Manual, Chapter III:
1.  Section 2, Adult Family Care Services;
2.  Section 50, Principles of Reimbursement for Intermediate Care Facilities for 
Individuals with Intellectual Disabilities;
3.  Section 67, Principles of Reimbursement for Nursing Facilities; and
4.  Section 97, Private Non-Medical Institution Services, Appendix C.
SUMMARY
This bill amends the law governing essential support worker reimbursement under 
MaineCare or state-funded home and community-based services and residential services 
by increasing the rate for the labor portion of reimbursement to 157% of the minimum 
wage as well as reimbursement for taxes and benefits directly related to the labor portion.  
As in current law, the reimbursement is tied to any increase in the minimum wage, which 
includes an annual cost-of-living increase, and the same cost-of-living increase is applied 
to reimbursement for related taxes and benefits.