An Act to Amend the Laws Regai dmg Estate Recovery and Plannmg fo1 Long-term Care
Maine Legislature, Session 131, LD 1406
Committee Amendment CA_A_H589 (House)

COMMITTEE AMENDMENT ,i-4 "to HP 902, L D 1406, "An Act to Amend the 
Laws Regai dmg Estate Recovery and Plannmg fo1 Long-term Care" 
Amend the bill by stiikmg out the title and substitutmg the followmg 
'Resolve, Estabhshing the Comm1ss1on to Study MaineCare Estate Recovery' 
Amend the bill by st11kmg out everythmg after the title and mseitmg the followmg 
'Emergency preamble. Whereas, acts and resolves of the Leg1slatme do not 
become effective until 90 days after adjournment unless enacted as emergencies, and 
Whereas, this legislation establishes the Comnussion to Study MameCare Estate 
Recoveiy, and 
Whereas, this legislation must take effect before the exp nation of the 90-day pe110d 
so that the commission may meet m a timely manner and make its 1 ep01t to the Leg1slatm e~ 
and 
Whereas, m the Judgment of the Legislature, these facts c1eate an eme1gency w1thm 
the meanmg of the Constitution of Mame and reqmre the followmg leg1slat1on as 
unmediately necessary for the preservation of the pubhc peace, health and safety, now, 
therefore, be 1t 
Sec. 1. Commission established. Resolved: That the Commiss10n to Study 
MameCa1e Estate Recovery, referred tom this resolve as "the comm1ss10n,
1s established 
Sec. 2. Commission membership. Resolved: That, notw1thstandmg Jomt Rule 
353, the comm1ss1on consists of 10 members appomted as follows 
Fom membets appomted by the President of the Senate, mcludmg 
A Two members of the Senate, mcludmg a member from each of the 2 parties holdmg 
the largest number of seats m the Legislature, 
B One member rep1esentmg an organization that advocates fot the rights of elderly 
md1viduals, and 
COMMITTEE AMENDMENT 
COIEAMENDMENT'A"toHP 902,LD 1406 
I IC One member who is an attorney who specialtzes m long-term care planning, 
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Four members appointed by the Speaker of the House of Representatives, mcludmg 
A Two members of the House of Representatives, mcludmg a member from each of 
the 2 parties holdmg the largest number of seats m the Leg1slatme, 
B One member who 1s an md1v1dual with hved expe11ence nav1gatmg the MameCare 
estate recovery process, and 
C One member who is an mdividual representmg an orgamzatlon that advocates f01 
the rights of md1viduals with d1sab1ht1es, 
i 3 The Comm1ss1oner of Health and Human Services or the co1111111ss1one1 's des1gnee, 
and 
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4 The long-term care ombudsman estabhshed putsuant to the Mame Revised Statutes, 
Title 22, section 5106, subsect10n 11-C 01 the ombudsman's des1gnee 
I Sec. 3. Chairs. Resolved: That the fast-named Senate membe1 1s the Senate chau 
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and the first-named House of Representatives member 1s the House chair of the 
corhm1ss1on 
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I Sec. 4. Appointments; convenmg of commission. Resolved: That all 
appomtments must be made no later than 30 days followmg the effective date of this 
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res9lve The appomtmg author1t1es shall notify the Executive Director of the Leg1slat1ve 
Council once all appointments have been completed After appomtment of all members, 
theJ chairs shall call and convene the fit st meetmg of the comm1ss10n If 30 days or more 
aft~r the effective date of this resolve a maJonty of but not all appomtments have been 
mafie, the chairs may request authority and the Legislative Council may grant auth011ty for 
the comm1ss1on to meet and conduct its business 
Sec. 5. Duties. Resolved: That the comm1ss1on shall study issues associated with the 
Ma:meCare estate recovery process, mcludmg 
! 1 A review of the history of the MameCare estate iecovery p1ogram and 1ev1ew of the 
\ reasons behmd the estabhshment of the program as 1t exists currently, 
2 An examination of allowable flextb1hties m the admm1strat1on of Medicaid estate 
: recovery programs, mcludmg any possible Medicaid wa1ve1s; 
A review of estate recovery models employed by other states, and 
An exammation of best practices and innovations m Medicaid estate recove1y 
The commission shall develop recommendations foi 1 eforms to the MameCare estate 
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recovery program 
I Sec. 6. Staff assistance. Resolved: That the Leg1slattve Council shall provide 
necessary staffing services to the comm1ss1011, eAcept that Leg1slat1ve Council staff support 
1s riot authorized when the Legislature is m regular or special session 
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I Sec. 7. Report. Resolved: That, no later than December 6, 2023, the comm1ss1on 
shall submit a ieport that includes its findings and recommendations, mcludmg suggested 
leg~tslation, to the Jomt Standing Committee on Health and Human Services The 
corhm1ttee may mt10duce leg1slat1on related to the 1 eport of the comn11ss1on to the Second 
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Regulat Session of the 131 st Legislature 
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COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to HP 902, L D 1406 
Emergency clause. In view of the emergency cited m the preamble, this legislation 
takes effect when approved ' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment replaces the bill with a resolve c1 eatmg the Comm1ss1on to Study 
MameCare Estate Recovery It adds an emergency preamble and emergency clause The 
comnuss1on membe1ship mcludes 4 members appomted by the President of the Senate, 
mcludmg 2 members of the Senate from each of the 2 parties holdmg the laigest numbet 
of seats m the Leg1slatme, an 111d1v1dual 1epresent111g an 01ga111zat1on that advocates fot the 
rights of eldetly 111d1viduals, and an attorney who specializes m long-te1m care plannmg It 
also mcludes 4 members appomted by the Speaker of the House of Representatives, 
mcludmg 2 membe1s of the House of Representatives from each of the 2 pa1i1es holdmg 
the largest number of seats m the Legislature, an md1vidual with hved expenence 
nav1gat111g the MameCaie estate iecovery p1ocess, and an md1v1dual 1epiesentmg an 
orgamzatron that advocates for the rights of md1v1duals with disabiht1es It also mcludes 
the Comnuss10ner of Health and Human Services 01 the comm1ss10ner's des1gnee and the 
long-te1m care ombudsman or the long-term cate ombudsman's designee The commission 
is tasked to study issues associated with the MameCare estate recovery process, mcludmg 
a 1eview of the lustory of the MameCare estate recovery program and review of the ieasons 
behmd the estabhshment of the program as 1t exists currently, an exammatlon of allowable 
flex1bihties m the admimstrat10n of Medicaid estate recovery progiams, mcludmg any 
possible Medicaid wa1ve1s, a review of estate recovery models employed by other states, 
and an exammat1on of best practices and mnovations m Medicaid estate recovery The 
commission must submit a report by December 6, 2023 to the Jomt Standmg Comnuttee 
on Health and Human Services The committee may present leg1slat1on ielated to the report 
of the comm1ss10n to the Second Regular Session of the 131 st Legislature 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Apptoved 06/11/23 feae. 
LD 1406 
LR 1117(02) 
An Act to Amend the Laws Regardmg Estate Recovery and Planning for Long-term Care 
, Fiscal Note for Bill as Amended by Committee Amendment Jr' fj.;-5fl'f \ 
Committee: Health and Human Services 
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Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost increase - General Fund 
Any add1t10nal cost,s to the Department of Health and Human Services to take part m a com1mss10n are expected to he 
mm01 and can be absorbed w1thm ex1stmg budgeted resources 
LRl 117(02) - Fiscal Note - Page 1 of 1