An Act to Improve the Health of Maine Residents by Removing Exclusions to the MaineCare Program
Maine Legislature, Session 131, LD 0199
Committee: Health and Human Services
Sponsors: TALBOT ROSS, CARNEY, DHALAC, GATTINE, MEYER, RANA, ZAGER, INGWERSEN, ROTUNDO
Amends: 22 MRSA §3174-F

Legislative Document
No. 199
H.P. 123
House of Representatives, January 17, 2023
An Act to Improve the Health of Maine Residents by Removing 
Exclusions to the MaineCare Program
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: DHALAC of South Portland, GATTINE of Westbrook, MEYER of Eliot, 
RANA of Bangor, ZAGER of Portland, Senators: INGWERSEN of York, ROTUNDO of 
Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3174-FFF, sub-§1, as enacted by PL 2021, c. 398, Pt. DDD, 
§1, is amended by enacting at the end a new first blocked paragraph to read:
Notwithstanding any provision of law to the contrary, effective January 1, 2024, a person 
years of age or older is eligible for the same scope of medical assistance provided under 
section 3174-G for comparable enrollment groups to a person who would be eligible for 
assistance under the federal Medicaid program under Title XIX of the federal Social 
Security Act but for the person's immigration status. In accordance with 8 United States 
Code, Section 1621, the State shall appropriate funds in the state budget to provide state-
funded medical assistance through the MaineCare program for noncitizen individuals who 
reside in the State and are ineligible for coverage due to federal restrictions relating to 
immigration status in the federal Medicaid program. Implementation of coverage required 
by this section is not contingent on federal approval of any waivers or amendments to the 
state Medicaid plan for this purpose.
Sec. 2.  22 MRSA §3174-FFF, sub-§1-A is enacted to read:
1-A.  Maximization of federal funds.  The department shall maximize the receipt of 
available federal matching funds for coverage provided under this section.
Sec. 3. Federal Medicaid waivers or state plan amendments; funding. The 
Department of Health and Human Services shall establish coverage under the Maine 
Revised Statutes, Title 22, section 3174-FFF, subsection 1 as of January 1, 2024 using state 
funds. The department may seek to acquire matching federal funds under the Medicaid 
program by submitting to the United States Department of Health and Human Services, 
Centers for Medicare and Medicaid Services any waivers or state plan amendments 
determined necessary. 
Sec. 4.  Rulemaking.  By January 1, 2024, the Department of Health and Human 
Services shall adopt rules to implement the Maine Revised Statutes, Title 22, section 
3174-FFF, subsection 1, as amended by this Act.  Rules adopted pursuant to this section 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill provides MaineCare program coverage for noncitizen residents of this State 
years of age or older with qualifying low incomes who are ineligible for coverage under 
the federal Medicaid program due to their immigration status.