An Act to Sustain Access to Children's Residential Care Services
Maine Legislature, Session 132, LD 2125
Committee: Health and Human Services
Sponsors: MCCABE, FECTEAU

Legislative Document
No. 2125
H.P. 1440
House of Representatives, January 7, 2026
An Act to Sustain Access to Children's Residential Care Services
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MCCABE of Lewiston.
Cosponsored by Representatives: Speaker FECTEAU of Biddeford, GRAHAM of North 
Yarmouth, GRAMLICH of Old Orchard Beach, STOVER of Boothbay.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the lack of child residential care providers in the State has resulted in 
children being placed outside the State for treatment and residing in hospital emergency 
departments due to strained capacity of in-state providers; and
Whereas, a 2025 report by the Department of Health and Human Services identified 
significant financial, staffing and resource challenges that have contributed to the lack of 
child residential care; and
Whereas, without the immediate establishment of an emergency rate determination 
process for services under Chapter 101: MaineCare Benefits Manual, Chapter III, Section 
97, Appendix D and the establishment of an emergency stabilization fund, additional 
providers of child residential care services will close and existing providers will not be able 
to meet current needs; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  Emergency rate determination.  The Department of Health and Human 
Services shall establish an emergency rate determination process for services under Chapter 
101: MaineCare Benefits Manual, Chapter III, Section 97, Appendix D within 90 days in 
accordance with the MaineCare rate system reform process as outlined in the Maine 
Revised Statutes, Title 22, section 3173-J.
Sec. 2.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office of Behavioral Health Z199
Initiative: Provides one-time funding to establish an emergency fund to stabilize children's 
residential care facility providers in danger of closing a facility or closing beds in a facility.
GENERAL FUND
2025-26
2026-27
All Other
$1,000,000
$0
__________
__________
GENERAL FUND TOTAL
$1,000,000
$0
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill requires the Department of Health and Human Services to establish an 
emergency rate determination process for services under Chapter 101: MaineCare Benefits 
Manual, Chapter III, Section 97, Appendix D and provides funding of $1,000,000 to 
establish an emergency sustainability fund to stabilize child residential treatment providers 
in danger of closing a facility or closing beds in a facility.