An Act to Make Supplemental Appropriations and Allocations from the General
Maine Legislature, Session 132, LD 0209
Committee Amendment CA_A_SA_F_S6 (Senate)
Amends: 22 MRSA §4302-A, 22 MRSA §4308

SENATE AMENDMENT " ^ " to COMMITTEE AMENDMENT "A" to H.P. 131,
L.D. 209, "An Act to Make Supplemental Appropriations and Allocations from the General
Fund and Other Funds for the Expenditures of State Government and to Change Certain
Provisions of the Law Necessary to the Proper Operations of State Government for the
Fiscal Year Ending June 30,2025"
Amend the amendment by inserting after Part X the following:
"PART Y
Sec. Y-l. 22 MRSA §4302-A, sub-§l, as enacted by PL 2023, c. 575, §1, is
amended to read;
1. Training required. No later than the 120th day after appointment or election, and
annually thereafter, an overseer, municipal official designated by the overseers to
administer this chapter and any municipal official appointed to administer this chapter shall
complete trainmg on the requirements of this chapter.
Sec. Y-2. 22 MRSA §4302-A, sub-§3 is enacted to read:
3. Communication of proeram requirements. The department annually shall
transmit to an overseer. municipal official designated by the oyerseers to administer this
chaoter^nd any municroal official aRiiomted to ^
the rules, requirements and compliance expectations of the municipal general assistance
program,
Sec. Y-3. 22 MRSA §4308, sub-§l-A, as enacted by PL 2011, c.655,Pt, R, §2, is
amended to read:
1-A. Limit on housing assistance. Except as provided in subsections 1-B and 2,
housing assistance provided pursuant to this chapter is limited to a maxunum of 9- 12
months during the period from July 1, 2012 to Juno 30, 2013 in a 36-month period per
household, except for temporary housina and emereencv shelters, as defined by the
department bv rule,
Sec. Y-4. Cost-of-living adjustment for essential support workers. The
Department of Health and Human Services shall seek approval from the United States
Department of Health and Human Services, Centers for Medicare and Medicaid Services
to implement a cost-of-living adjustment of 1.95°/o in fiscal year 2024-25 for
SENATE AMENDMENT
^
SENATE AMENDMENT " ff" to COMMITTEE AMENDMENT "A" to H.P. 131, L.D. 209
reimbursement rates pursuant to rule Chapter 101: MaineCare Benefits Manual, Chapter
III, Sections 2, 12, 13, 17, 18, 19, 20, 21,26,28,29,65, 92, 96 and 97, Appendix C all as
originally scheduled for January 1, 2025. The department shall submit the required
methodology notice necessary to seek approval under this section of a cost-of-living
adjustment as soon as practicable but no later than March 31, 2025, and, upon receipt of
the approval, the department shall make the cost-of-living adjustment retroactive to the
effective date approved by the Centers for Medicare and Medioaid Services,
Notwithstanding any reduction in the availability of funding due to projected or actual
MaineCare budget shortfalls, the department may not reduce or eliminate the cost-of-living
adjustment of 1.95% in fiscal year 2024-25 for reimbursement rates for essential support
workers pursuant to the MaineCare Benefits Manual sections referenced in this section.
The department shall notify the Secretary of the Senate, the Clerk of the House of
Representatives and the Revisor of Statutes when the department has subm itted the request
for approval required by this section.
Sec. Y-5. MaineCare program review. The Department of Health and Human
Services shall engage a 3rd"party independent entity, referred to in this section as "the
independent entity," to conduct a review of the MmneCare program for fi'aud, waste and
abuse pursuant to this section.
1. Selection of indepeudent entity. Within 30 days of the effective date of this Part,
the department shall issue a request for proposals to determine, through a competitive
bidding process, the independent entity to conduct the review required by this section.
2. Duties of iudependeut entity. The independent entity chosen shall;
A. Review and assess current processes, procedures and capacity in place to identify
fraud, waste and abuse, including but not limited to the departments Fraud
Investigation and Recovery Unit, the MaineCare program integrity unit, the Medicaid
Eligibility Quality Control program and the efficacy of the State's implementation of
the payment error rate measurement process;
B. Identify best practices in state fraud, waste and abuse prevention, identification and
resolution;
C. Assess effectiveness of efforts to ensure clinically appropriate and compliant codmg
and claims practices, payment integrity and quality control; and
D. Make recommendations to strengthen the State's practices for preventing,
identifying and addressing fraud, waste and abuse in Medicaid.
3. Report. The independent entity shall provide the department with a final report
5 regarding the independent entity's findings no later than December 29,2025.
4. Recapture. If the independent entity does not complete the requirements identified
in subsection 2 or fails to provide the report required by subsection 3, the funding provided
to the independent entity is subject to recapture in an amount determined by the department
9 based on the percentage by which the independent entity failed to comply. Withm 10 days
of this determination, the department shall notify the independent entity of the
determination and the amount of funding the independent entity is requu-ed to return.
Within 30 days of notice by the department, the independent entity shall refund to the
department the amount requested.
SENATE AMENDMENT
^
SENATE AMENDMENT " ^ " to COMMITTEE AMENDMENT "A" to H.P, 131, L.D. 209 (5'<-
Sec. Y-6. Report by Department of Health and Human Services regarding
MaiucCare fraud, waste and abuse. The Department of Health and Human Services
shall submit a report regarding the MaineCare program review for fraud, waste and abuse
conducted pursuant to section 5 of this Part and any necessary implementing legislation to
the Joint Standing Committee on Appropriations and Financial Affairs by January 5,2026.
The joint standing committee shall report out a bill to the Second Regular Session of the
132nd Legislature based on the report.
See. Y-7. Appropriations and allocations. The following appropriations and
allocations are made,
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office ofMaineCare Services 0129
Initiative: Provides one-time funding to contract with a 3rd-party independent entity to
complete a review of the MaineCare program regarding fraud, waste and abuse.
GENERAL FUND 2025-26 2026-27
AUOther $250,000 $0
GENERAL FUND TOTAL $250,000 $0
FEDERAL EXPENDITURES FUND 2025-26 2026-27
AHOther $250,000 $0
FEDERAL EXPENDITURES FUND TOTAL $250,000 $0
Amend tlie amendment by striking out the emergency clause and substituting the
following:
"Emergency clause. In view of the emergency cited in the preamble, except for that
section of this Act that requires the Department of Health and Human Services to submit
the requked methodology notice to seek approval from the United States Department of
Health and Human Services, Centers for Medicare and Medicaid Services to implement a
cost-of-livmg adjustment of 1.95% in fiscal year 2024-25, which takes effect when this
legislation is approved, this legislation takes effect when the department seeks that
approval.'
3 Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively,
SUMMARY
This amendment does the followmg.
1. It amends the training requirements for overseers, municipal officials designated by
an overseer or a municipal official appointed to administer municipal general assistance to
requke trainmg to be done annually and requires the Department of Health and Human
Services to provide information about the rules, requirements and compliance expectations
of the municipal general assistance program to those mdividuals.
Page3-132LIU408(29)
SENATE AMENDMENT
OC5 SENATE AMENDMENT " f »to COMMITTEE AMENDMENT "A" to H.P. 131, L.D. 209 ^S'^
2. It lunits housing assistance under the municipal general assistance program, except
for temporary housing and emergency shelters, to a maximum of 12 months in a 36-month
period.
3. It requires the Department of Health and Human Services to submit the required
methodology notice to seek approval from the United States Department of Health and
Human Services, Centers for Medicare and Medicaid Services to implement a cost-of-
livmg adjustment of 1.95% m fiscal year 2024-25 for reimbursement rates for certain
essential support workers. The department is required to submit the required methodology
notice no later than March 31,2025 and to notify the Seoretaiy of the Senate, the Clerk of
the House and the Revisor of Statutes when the department seeks the approval.
4. It requires the Department of Health and Human Services to contract, through a
competitive bidding process, with a 3rd"party independent entity to conduct a review of the
MaineCare program for fraud, waste and abuse, based on specified criteria, and to report
to the department with its findings no later than December 29, 2025. If the independent
entity fails to fulfill the requu-ements of the contract, the funds allocable to the portion of
the requirements that the independent entity failed to complete must be repaid to the
department.
5. It requires the Department of Health and Human Services to provide a report
regarding the findings of the review of the MaineCare program for fraud, waste and abuse
to the Joint Standing Committee on Appropriations and Financial Affairs by January 5,
2026, along with any necessary unplementing legislation. The joint standmg committee is
required to report out a bill to the Second Regular Session of the 132nd Legislature based
on the report.
6, It amends the emergency clause to specify that the entire Act, except for the piece
requiring the Department of Health and Human Services to submit the required
methodology notice to seek approval to implement the cost-of-livmg adjustment for
essential support workers, does not tal^p effect untiljtlie department has sought that
approval.
SPONSORED BY:
(Presideut DAUGHT&Y, M.)
COUNTY: Cumberland
i iSCAL NOTE REQUIRED
(See attached)
SENATE AMENDMENT
^If L" — ^
Approved; 03/10/25 L-K^
LD 209 LR 2408(29)
An Act to Make Supplemental Appropriations and Allocations from the General Fund and Other
Funds for the Expenditures of State Government and to Change Certain Provisions of the Law
Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30,2025
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 PY 2028-29
Net Cost (Savings)
General Fund $250,000 $0 $0 $0
Appropriafions/AIlocations
General Fund $250,000 $0 $0 $0
Federal Expenditures Fund $250,000 . $0 $0 $0
Fiscal Detail and Notes
The amendment includes a one-time General Fund appropriation of $250,000 to the Department of Health and Human
Services, Office ofMaineCare Services to contract with an independent third-party entity to complete a review of the
MaineCare program regarding fraud, waste and abuse. Federal Expenditure Funds allocations are also included for the
federal match.
The amendment also limits housing assistance under the general assistance program to a maximum of 12 months in a
36-month period, except for temporary housing and emergency shelters. A precise estimate of the fiscal impact is not
possible because recipient data related to the number of months of assistance received, the type of assistance received
and the amounts paid to each recipient resides at the municipal level and varies over time.
The amendment also requires the Department of Health and Human Services to seek federal approval to implement a
cost-of-living adjustment (COLA) of 1,95% for reimbursement rates for essential support workers as required by Title
22, section 7402. Because General Fund appropriations and associated Federal Expendihire Funds allocations to
implement a 1.95% COLA for reimbursement rates for essential support workers effective January 1, 2025 were
included in Public Law 2023, chapter 17, no net fiscal impact is expected,
LR2408(29) - Fiscal Note - Page 1 of 1