An Act to Eliminate the Annual Medical Eligibility Determinations of Need for Families of Children with Disabilities
Maine Legislature, Session 131, LD 1114
Committee: Health and Human Services
Sponsors: JAUCH, INGWERSEN, CROCKETT, GOLEK, LEMELIN, PRINGLE, RANA, SAYRE, STOVER, ZAGER
Amends: 22 MRSA §3197

Legislative Document
No. 1114
H.P. 710
House of Representatives, March 9, 2023
An Act to Eliminate the Annual Medical Eligibility Determinations 
of Need for Families of Children with Disabilities
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative JAUCH of Topsham.
Cosponsored by Senator INGWERSEN of York and
Representatives: CROCKETT of Portland, GOLEK of Harpswell, LEMELIN of Chelsea, 
PRINGLE of Windham, RANA of Bangor, SAYRE of Kennebunk, STOVER of Boothbay, 
ZAGER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3197 is enacted to read:
§3197.  Disability determination for children
A child with a disability who has been determined eligible as a Medicaid recipient or 
a child who is determined eligible for MaineCare under the Katie Beckett option authorized 
by the federal Tax Equity and Fiscal Responsibility Act of 1982 does not require any 
additional disability determinations by the department.  A parent or guardian of a child may 
request a new disability determination from the department under this section if the parent 
or guardian believes there has been a change in the child's medical situation.  The 
department shall make the new determination within 45 days of the request.  This section 
does not affect any required redeterminations for eligibility for MaineCare that are based 
on income.  The department may adopt or amend its rules to implement this section.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.
Sec. 2.  Rulemaking.  The Department of Health and Human Services shall amend 
its rule Chapter 101: MaineCare Benefits Manual, Chapter X, Section 3 to remove 
requirements for annual medical eligibility and establish a process for a request for a new 
medical determination if requested by a parent or guardian.  The department shall amend 
its rule Chapter 332 to remove any requirements for annual medical eligibility for 
MaineCare or the Children's Health Insurance Program for children with a disability and 
establish a process for a request for a new medical determination if requested by a parent 
or guardian.  Rules adopted pursuant to this section are routine technical rules as defined 
in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 3.  State plan amendment.  The Department of Health and Human Services 
shall prepare and submit any necessary Medicaid state plan amendments to the United 
States Department of Health and Human Services, Centers for Medicare and Medicaid 
Services for approval for the removal of annual disability determinations for children with 
disabilities required by this Act.
SUMMARY
This bill removes the requirement for a child with a disability who had been determined 
eligible for MaineCare or under the Katie Beckett option to undergo any additional medical 
or disability determinations unless a parent or guardian requests a new determination based 
on a belief that there has been a change in the child's medical situation.  It requires the 
Department of Health and Human Services to amend its rules to reflect that change.  It also 
requires the department to submit any necessary state plan amendments necessary to 
implement the statutory and rule changes.