Resolve, Establishing the Commission to Study MaineCare Estate
Maine Legislature, Session 132, LD 0591
Sponsors: BALDACCI, HASENFUS

Legislative Document
No. 591
S.P. 275
In Senate, February 25, 2025
Resolve, Establishing the Commission to Study MaineCare Estate 
Recovery
(EMERGENCY)
Received by the Secretary of the Senate on February 19, 2025.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Representative HASENFUS of Readfield and
Senator: RAFFERTY of York.
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 establishes the Commission to Study MaineCare Estate 
Recovery; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
so that the commission may meet in a timely manner and make its report to the Legislature; 
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. Commission established. Resolved: That the Commission to Study 
MaineCare Estate Recovery, referred to in this resolve as "the commission," is established.
Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 10 members as follows:
1. Four members appointed by the President of the Senate, including:
A. Two members of the Senate, including a member from each of the 2 parties holding 
the largest number of seats in the Legislature;
B. One member representing an organization that advocates for the rights of elderly 
individuals; and
C.  One member who is an attorney who specializes in long-term care planning;
2. Four members appointed by the Speaker of the House of Representatives, including:
A. Two members of the House of Representatives, including a member from each of 
the 2 parties holding the largest number of seats in the Legislature;
B. One member who is an individual with lived experience navigating the MaineCare 
estate recovery procedures; and 
C. One member who is an individual representing an organization that advocates for 
the rights of individuals with disabilities;
3. The Commissioner of Health and Human Services or the commissioner's designee; 
and
4. The long-term care ombudsman established pursuant to the Maine Revised Statutes, 
Title 22, section 5106, subsection 11-C or the ombudsman's designee.
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4. Appointments; convening of commission. Resolved: That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business.
Sec. 5. Duties. Resolved: That the commission shall study issues associated with the 
MaineCare estate recovery procedures, including:
1. A review of the history of the MaineCare estate recovery procedures and review of 
the reasons behind the establishment of the procedures as they exist currently;
2. An examination of allowable flexibilities in the administration of Medicaid estate 
recovery procedures, including any possible Medicaid waivers;
3. A review of estate recovery models employed by other states; and
4. An examination of best practices and innovations in Medicaid estate recovery.
The commission shall develop recommendations for reforms to the MaineCare estate 
recovery procedures.
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session. 
Sec. 7. Report. Resolved: That, no later than December 3, 2025, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, to the Joint Standing Committee on Health and Human Services. The 
committee may introduce legislation related to the report of the commission to the Second 
Regular Session of the 132nd Legislature.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve creates the Commission to Study MaineCare Estate Recovery. The 
commission is tasked with studying issues associated with the MaineCare estate recovery 
procedures, including a review of the history of the MaineCare estate recovery procedures 
and review of the reasons behind the establishment of the procedures as they exist currently; 
an examination of allowable flexibilities in the administration of Medicaid estate recovery 
programs, including any possible Medicaid waivers; a review of estate recovery models 
employed by other states; and an examination of best practices and innovations in Medicaid 
estate recovery. The commission must submit a report by December 3, 2025 to the Joint 
Standing Committee on Health and Human Services. The committee may present 
legislation related to the report of the commission to the Second Regular Session of the 
132nd Legislature.