An Act to Improve Affordability, Stability and Access in the Maine Child Care
Maine Legislature, Session 132, LD 1728
Committee Amendment CA_A_S520 (Senate)
Amends: 22 MRSA §3731-A, 22 MRSA §3731-B, 22 MRSA §3737

COMMirTEE AMENDMENT "/\ " to S.P, 674, L.D. 1728, "All Act to Establish the
Maine Child Care Affordability Program Advisory Board"
Amend the bill by striking out the title and substituting the following:
'An Act to Improve Affordability, Stability and Access in the Maine Child Care
Affordability Program'
Amend the bill by striking out all of the emergency preamble.
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 22 MRSA §3731-A, sub-§3 is enacted to read:
3. Copavments limited. The department shall limit the amount of copavments
required to be paid by families receivine subsidies under the Maine Child Care
AffordabiIUv Proeram in accordance with this subsection.
A. A family earning up to 85% of the median family income in the State for a family
of the same size may not be required to contribute more than 7% of the family's
household income as a copavment,
B. Cooavments may be further reduced or waived, as determined by the department,
for additional poDulations, including, but not limited to:
f 11 Families earning up to 30% of the median family income in the State for a
family of the same size;
(2) Children who are in foster care or kinship care;
(3) Families experiencine homelessness; and
(4) Families with a child with a disability,
Sec. 2. 22 MRSA §3731-B is enacted to read:
S3731-B. Copavment schedule
Page I - 132LR2324(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A to S.P. 674, L,D, 1728 ( S -<S 2.^
The department shall post on its publicly accessible website information about
copavments. as determined by the department pursuant to section 3731-A. subsection 3.
thatmustbe_Bald by families receivine subsidies under the Maine ChildjCareAffordability
Programestablished in section 3731-A. The Information posted must include. but is not
limited to. the sliding fee scales used to determine family copayments. estimated amounts
ofcopayments for families based on income and family size and policies related to reduced
or waived copavments. The website must use plain laneuape and must be updated when
copavment schedules and amounts change.
Sec. 3. 22 MRSA §3737, sub-§7 is enacted to read:
7. Reimbursements for subsidies. The department shall reimburse a orovider of child
care services provided under this chapter for subsidies provided under the Maine Child
Care Affordabilitv Proeram established in section 373 l-A administered by the denartment
pursuant to rules adopted by the department. To the extent allowable under federal law.
reimbursement under the woRi'am to a child care provider must be based on eenerallv
accepted payment practices for puvate-pay families for child care, including em'ollment-
based rather than attendance-based m'actices. Reimbursement based on generally accepted
payment practices must suDDort child care provider stability and encouraee more child care
providers to serve children receivine child care services under the m'oeram. In developing
the proRi'am, the department shall identify the practices common for child cgre pi'oviders
serving private-pay families and determine which practices are most important to meet the
eoals of ensuring that hieh-aualitv child care providers participate in the proeram. The
department shall make a plan to alien requirements for providers acceoting children
receivine federal Child Care and Development Fund child care assistance to the practices
of child care providers serving private-Dav families. The departmentshall examine
generally accepted payment practices regarding paying prospectively based onenrollment
and practices related to separatine orovider closure limits for holidays or vacations or to
compensate for inclement weather from child absence aUowances.The der>artmenLshaU
adopt niles to implement this subsection. Rules adopted pursuant to this subsection are
routine technical rules as defined in Title 5. chapter 375. subchapter 2-A.
For the purposes of this subsection, "generally accepted payment practices" are practices
that align with the private-oav child care market m_orderto encout'age m'oviders to accept
children receiving federal Child Care and Development Fund child care assistance and
enable families to retain child care services.
See. 4. 22 MR8A §3737, sub-§8 is enacted to read;
8. Subsidy above equivalent private rate. To_the extent allowable by federal law,
the department may reimburse a provider of child care services for subsidies provided
7 under the Maine Child Care Affordabilitv Proeram established in section 3 731 -A^atjthe
market rate established pursuant to subsection 4 to better reflect the cost ofuroviding care
even if that rate is higher than the rate charged by a provider of child care for a child in a
family that is not receiving a subsidy under this chapter.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
Page2-132LR2324(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" A" to S.P. 674, L.D. 1728 ( C,- $ 2,6
SUMMARY
This amendment replaces the bill, changes the title and removes references to the
Maine Child Care Affordability Program Advisory Board. The amendment does the
following.
1. It establishes a cap on copayments for families receiving subsidies under the Maine
Child Care Affordability Program. A family with income up to 85% of the median family
income in the State not may be required to pay more than 7% of the family's household
income. This is the current limit on copayments in federal child care subsidy regulations.
2. It allows the Department of Health and Human Services to farther reduce or waive
copayments for additional populations, including families with income up to 30% of the
median family income in the State, children in foster care or kinship care, families
experiencing homelessness and families with a child with a disability,
3. It requires the department to post on its publicly accessible website information
related to the copayments required from families receiving subsidies under the program.
4. It requires the department to reimburse child care providers for subsidies based on
enrollment rather than attendance. Payment practices must promote the financial stability
of child care providers and continuity of care for children.
5, It allows the department to reimburse child care providers receiving a subsidy at a
rate that is higher than the amount charged for a child in a family that is not receiving a
subsidy.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised: 02/04/26 i-f<L
LD 1728 LR 2324(02)
An Act to Establish the Maine Child Care Affordability Program Advisory Board
Fiscal Note for Bill as Amended by Committee Amendment "/^
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to
be minor and can be absorbed within existing budgeted resources,
LR2324(02) - Fiscal Note - Page 1 of 1