An Act to Safeguard
Maine Legislature, Session 132, LD 0335
Committee Amendment CA_A_H1035 (House)
Amends: 22 MRSA §1902, 22 MRSA §1912, 22 MRSA §1913, 22 MRSA §3196-A

COMMITTEE AMENDMENT "A" to H.P. 235, L.D. 335, "An Act to Safeguard
Reproductive Rights"
Amend the bill by striking out the title and substituting the following;
'An Act to Protect Funding for Family Planning Services'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 22 MRSA §1902, sub-§5-B is enacted to read:
5-B. Mame Title X erantee, "Mame_Title X grantee" means a provider of family
plannine services as defined in 42 Code of Federal Reeulations. Section 59.2 that is^based
in the State: is licensed, certified or otherwise legally authorized to deliver servicesJn the
StateLis engaged primarily m the delivery of reproductive health care and familv Dlannme
services as described in 42 United States Code, Section 1396dfa)C4')fC); and has DreYJously
received fundine under the Title X oroeram.
Sec. 2. 22 MRSA §1902, sub-§7 is enacted to read:
7. Title X proeram. "Title X proeram" means the proeram of grants for voluntary
family planning projects described in Title X of the federal Public Health Service Act. 42
United States Code. Section 300.
Sec. 3. 22 MRSA §1912 is enacted to read:
§1912. Fundine for Maine Title X erantees; substitute fundine
For any fiscal year after state fiscal year 2024-25. if the fundine oreviouslv received
by a Maine Title X grantee under the Title X program is reduced relative to the funds
received in fiscal year 2024-25 or is eliminated as a result of action by the Federal
Government or of a decision by the grantee to withdraw from receiving funding under the
Title X program due to the imposition of conditions attached tojhe fiudmfi.^A^ department
shall grant_state funds to the Maine Title X grantee equal to the difference between the
COMMIHEE AMENDMENT
COMMTTTEE AMENDMENT " A " to H.P. 235, L.D. 335
"A"'
amount the grantee received from the Title X uroeram in fiscal year 2024-25 and the
amount the grantee receives and accents in any subsequent fiscal year,
Sec. 4. 22 MRSA §1913 is enacted to read:
$1913. Access to family plannine services
1. Access to sendces. In accordance with this chapter. the department shall provide
funding to maintain statewide access to familY planning services. The department shall
issue a request for urouosals from qualified oroviders of family olannine services. The
department shall select one wovider to orovide management and oversieht of the deUYery
of family planmne services in this State, including, but not limited to. the coordination and
management of any grants to subrecipients. and shall distribute fund_s_a.Bpmpriated forthat
purpose.
2. Fund established. The Fund to Maintain Access Jo Statewide Familv_Planmng
Services, referred to in this section as "the fund." is established as a dedicated. nonlaosine
fund within the department to provide family olannine services under this section. The
department mav accept funds into the fund fi"om anv oublic or private so'urce for the
purpose of awarding a grant under this section. Any funds aoDropriated to the fund may
not supplant other sources of funding. It is the intent of the Leeislature that. beeinnine in
fiscal vear 2027-28. $5.000.000 in oneoing fundine be aDorooriated fi'om the General Fund
to the fund to be distributed to a single grantee.
3. Grant. The department shall make funds available from the fund in the form of a
grant and may not distribute any funds under a fee-for-service basis,
Sec. 5. 22 MRSA §3196-A is enacted to read:
83196-A. Services provided by federally unfunded providers
1. Federally unfunded provider; definition. For the purposes of this section.
"federally unfunded provider" means a health care urovider:
A. That is licensed, certified or otherwise authorized by state law to deliver health care
services; and
B. That. pursuant to any federal law. the department may not pay usine federal funds
provided to carry out the state plan under Title XDC of the United States Social Security
Act. for items or services provided on or after July 1. 2025 pursuant to federal law.
2. State fundine for services. Familv Dlannine services, as defined bv section 1902.
subsection 4, and any other Medicaid-covered items or services lawfully provided to
3 MaineCare members by a federally unfunded orovider durine any oeriod for which federal
funds may not be used to oav that provider. includine any services orovided between July
1, 2025 and the effective dateofthLs_section^must^ereimbum with state funds. The
department shall reimburse the federally unfunded provider at no less than the MaineCare
rate established by the department for those services on the date the service was provided.
If any federal funds were used to pay a federally unfunded provider prior to the effective
date of this section, state funds must be used to substitute for any federal funds that the
deoartaaent is required to reimburse or adjust in its transactions with the United States
Departmentof Health and Human Services.
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COMMITTEE AMENDMENT
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COMMnTEE AMENDMENT "l\" to H.P. 235, L.D. 335
3. Discrimination prohibited. The department mav not discriminate apainst. exclude.
Limit the participation of or modify the payment plan of a provider m the MaineCare
program because the provider is a federally unfunded provider for any oeriod^if time.
4. Rulemakine. The deoartment shall adout rules to imulement this section. Rules
adopted pursuant to this subsection are routine techmcal rule^asdefined in Title 5, chapter
375. subchaoter 2-A. Rules adopted pursuant to this subsection may be effective
retroactively to July 1. 2025. but any subsequent amendments to these mles may be
retroactive only as pennitted by section 42. subsectioD. 8.
Sec. 6. Emergency rulemaking. The Department of Health and Human Services
may adopt rules pursuant to the Maine Revised Statutes, Title 22, section 3196-A,
subsection 4 as emergency rules without making findings as to the existence of any
emergency required by the Maine Revised Statutes, Title 5, section 8054, subsection 2.
Sec. 7. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides one-time funding to cover MaineCare members who received service?
from a prohibited provider under federal Public Law 119-21, Section 71113, with
reimbursement for services provided after July 1, 2025 paid retroactively.
GENERAL FUND 2025-26 2026-27
All Other $0 $2,249,459
GENERAL FUND TOTAL $0 $2,249,459
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment replaces the bill, which is a concept draft, and changes the title, The
amendment, which is the majority report of the committee, does the following,
1. It establishes the Fund to Mamtain Access to Statewide Family Planning Services to
provide a grant to a single qualified provider to provide management and oversight of the
delivery of family planning services, It is the intent of the Legislature that, beginning in
fiscal year 2027-28, $5,000,000 be appropriated from the General Fund to the fund each
year.
2. It requires the Department of Health and Human Services to provide funding to
6 family plaoning services providers in the State if funding under Title X of fhe federal Public
Health Service Act has been reduced or eliminated by the Federal Government or the
8 provider has withdrawn from Title X funding due to the imposition of conditions attached
to the funding.
3, It requires the Department of Health and Human Services to cover family plamiing
services for MaineCare members who receive services from a provider that is a prohibited
COMMITTEE AMENDMENT
COMMHTEE AMENDMENT " A-" to H.P. 235, L.D. 335
"A."toH.I
provider under Section 71113 of federal Public Law 119-21 (2025) and any future similar
federal law. Services provided after July 1,2025 are reimbursed retroactively.
FISCAL NOTE REQUIRED
(See attached)
Page4-132LR1127(02)
COMMITTEE AMENDMENT
Revised; 04/07/26 1-Kt-
LD 335 LR 1127(02)
An Act to Safeguard Reproductive Rights
Fiscal Note for Bill as Amended by Committee Amendment '^/
Committee: Health and Human Services
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $2,249,459 $5,126,208 $5,129,774
Ippropriations/Allocations
General Fund $0 $2,249,459 $5,126,208 $5,129,774
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Department of Health and Human Services of $2,249,459 in
fiscal year 2026-27 to retroactively reimburse MaineCare members who received services from a federally prohibited
under Section 71113 of Federal Law H,R, 1, provided after 7/1/2025, One Comprehensive Health Planner II position
is also established to oversee and administer the annual public health funding grants.
This bill also includes language that $5,000,000 in ongoing funding beginning in fiscal year 2027-28 will be provided
to provide management and oversight of family planning services. The department has also suggested they would
require a position to handle this additional grant funding, As the current legislature cannot appropriate funds in a
future legislature, this funding, including the position, will not be part of the programs baseline and will need to be
requested in a future budget.
LR1127(02) - Fiscal Note - Page 1 of 1