Resolve, Directing the Department of Health and Human Services To Amend MaineCare Rules as They Pertain to the Delivery of Covered Services via Telecommunications Technology

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  reviewing the availability of different methods of communication technology and implementing new rules on providing covered MaineCare services through telecommunication technology will contribute to improved health outcomes and more efficient MaineCare services; and

Whereas,  providing for this legislation to take effect upon approval will contribute to expanding access to, and lowering the costs of delivering, health care as soon as possible; 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

Sec. 1. Working group. Resolved: That the Department of Health and Human Services, referred to in this resolve as "the department," shall convene a working group to review the MaineCare rules regarding the definition of "telehealth" and the technologies used for provider-patient interaction involving MaineCare patients.

The Commissioner of Health and Human Services shall invite the participation of the following on the working group:

1. A representative of the Home Care and Hospice Alliance of Maine;

2. A representative of the Maine Hospital Association;

3. A representative of MaineHealth;

4. An independent business owner of a health care telecommunication technology;

5. A representative of the behavioral health telecommunication technology community;

6. A representative of an organization that advocates for persons with developmental disabilities;

7. Members of the department with expertise in MaineCare and professional certification; and

8. Any other interested parties.

The working group shall focus on telephonic and video communications and determine when communications that are not visual may be appropriate and sufficient; and be it further

Sec. 2. Amend MaineCare rules. Resolved: That the department shall amend its rules no later than October 1, 2014 regarding telehealth after the review of existing rules pursuant to section 1. Rules adopted pursuant to this resolve are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.