Resolve, to Improve Access to Appropriate Levels of Long-term Care by Rebasing and Increasing Reimbursement Rates
Maine Legislature, Session 131, LD 1784
Committee: Health and Human Services
Sponsors: TALBOT ROSS, BAILEY, ARFORD, MASTRACCIO, NUTTING, PRINGLE

Legislative Document
No. 1784
H.P. 1147
House of Representatives, April 25, 2023
Resolve, to Improve Access to Appropriate Levels of Long-term 
Care by Rebasing and Increasing Reimbursement Rates
(EMERGENCY)
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 BAILEY of York and
Representatives: ARFORD of Brunswick, MASTRACCIO of Sanford, NUTTING of Oakland, 
PRINGLE of Windham.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation requires changes to certain MaineCare reimbursement rates 
and requires these changes to take effect July 1, 2023; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1. Department of Health and Human Services to rebase 
reimbursement rates.  Resolved:  That, notwithstanding any provision of law to the 
contrary, the Department of Health and Human Services shall rebase reimbursement rates, 
effective July 1, 2023, to reflect the increased costs experienced by nursing facilities, 
including, but not limited to, the cost of labor.
Sec. 2. Department of Health and Human Services to establish enhanced 
reimbursement rate. Resolved:  That the Department of Health and Human Services 
shall amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 67, 
Principles of Reimbursement for Nursing Facilities, Section 22.3.3.4 to provide that, 
effective July 1, 2023, the upper limit on the base year case mix and regionally adjusted 
cost per day is the median multiplied by 130%.
Sec. 3. Department of Health and Human Services to improve access to 
nursing facilities for patients with special needs. Resolved:  That the Department 
of Health and Human Services shall work with nursing facilities to improve access to the 
facilities for patients with special needs, including, but not limited to, bariatric patients, 
patients in need of dialysis treatment, patients undergoing cancer treatment or long-term 
infusion therapy and patients with behavioral health needs.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve requires the Department of Health and Human Services to:
1. Rebase reimbursement rates, effective July 1, 2023, to reflect the increased costs 
experienced by nursing facilities;
2. Amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 
67, Principles of Reimbursement for Nursing Facilities to provide that, effective July 1, 
2023, the upper limit on the base year case mix and regionally adjusted cost per day is the 
median multiplied by 130%; and
3. Work with nursing facilities to improve access to the facilities for patients with 
certain special needs.