Resolve, Directing the Department of Health and Human Services to
Maine Legislature, Session 132, LD 1345
Sponsors: STEWART

Legislative Document
No. 1345
S.P. 561
In Senate, April 1, 2025
Resolve, Directing the Department of Health and Human Services to 
Timely Provide Interim Settlement Payments to Long-term Care 
Facilities
Received by the Secretary of the Senate on March 28, 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 STEWART of Aroostook.
Cosponsored by Senators: GROHOSKI of Hancock, MOORE of Washington, Representative: 
JAVNER of Chester.
Sec. 1. Department of Health and Human Services to pay nursing facilities 
interim settlements based on outstanding cost reports. Resolved: That, no later 
than October 31, 2025, the Department of Health and Human Services shall pay to each 
nursing facility an interim cost settlement amount equal to 75% of the sum of all settlement 
amounts due to the nursing facility as shown in as-filed cost reports submitted to the 
department by that nursing facility but not yet audited as of the date of submission, except 
for any amounts already paid based on as-filed cost reports pursuant to Resolve 2023, 
chapter 121, section 1 and any rules adopted by the department in accordance with that 
resolve.
Sec. 2. Department of Health and Human Services to amend nursing 
facility rules to provide interim payments. Resolved: That, to the extent that the 
Department of Health and Human Services has not yet amended department rules in 
compliance with Resolve 2023, chapter 121, section 1, the department shall adopt the 
required amendment to the department rules no later than December 1, 2025.
Sec. 3. Department of Health and Human Services to pay residential care 
facilities interim settlements based on outstanding cost reports. Resolved: That, 
no later than October 1, 2025, the Department of Health and Human Services shall pay to 
each private nonmedical institution reimbursed as a residential care facility an interim cost 
settlement amount equal to 75% of the sum of all settlement amounts due to the private 
nonmedical institution as shown on all as-filed cost reports submitted to the department by 
that private nonmedical institution but not yet audited as of the date of submission.
Sec. 4. Department of Health and Human Services to amend residential 
care facility rules to provide prompt interim payments.  Resolved: That, no later 
than December 1, 2025, the Department of Health and Human Services shall amend its 
rules in Chapter 115: Principals of Reimbursement for Residential Care Facilities – Room 
and Board Costs to require the department to reimburse at least 75% of the settlement due 
to each private nonmedical institution as shown on its as-filed cost reports within 90 days 
of receipt of each cost report. To the extent determined necessary by the department to 
implement this section, the department shall adopt conforming amendments to its rules in 
Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Private Non-Medical 
Institution Services and Appendix C, Medical and Remedial Facilities.
Sec. 5. Existing resources. Resolved: That the Department of Health and Human 
Services shall implement the requirements of this resolve within existing resources.
Sec. 6. Emergency rulemaking. Resolved: That the Department of Health and 
Human Services shall adopt emergency rules under the Maine Revised Statutes, Title 5, 
section 8054 to the extent necessary to implement the requirements of this resolve. 
Notwithstanding Title 5, section 8054, subsection 2, the department may adopt emergency 
rules under this section without making factual findings as to the existence of an 
emergency.
SUMMARY
This resolve:
1. Reinforces, by providing specific deadlines, requirements of the Department of 
Health and Human Services pursuant to Resolve 2023, chapter 121, subsection 1 to 
reimburse nursing facility interim settlement amounts;
2. Clarifies that the 75% reimbursement of as-filed settlements to nursing facilities 
within 90 days of the receipt of facility cost reports also applies to private nonmedical 
institutions, including previously filed cost reports awaiting payment; and
3. Requires the department to amend its rules to conform to this resolve.