An Act Making Certain Supplemental Appropriations and Allocations and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act repeals Public Law 2017, chapter 284, Part V, section 2, which requires the State Controller to take action on or immediately after July 1, 2018; 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,
PART A
Sec. A-1. 22 MRSA §3195 is enacted to read:
§ 3195. Compensation for care provided to persons with intellectual disabilities or autism
Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. A-2. Immediate rate increases. The Department of Health and Human Services shall increase reimbursement rates in accordance with this section, effective July 1, 2018.
1. Section 21 rules. The Department of Health and Human Services shall amend its rules to increase reimbursement rates above the rates in effect on the effective date of this Part for the following procedure codes provided in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 21:
2. Section 29 rules. The Department of Health and Human Services shall amend its rules to increase reimbursement rates above the rates in effect on the effective date of this Part for the following procedure codes provided in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 29:
3. Proportional increase. The increase in rates for the procedure codes specified in subsection 1 and subsection 2 must be accomplished in equal proportion using the funding provided for that purpose in this Part.
4. Major substantive rules. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. A-3. Savings efforts. The Department of Health and Human Services and representatives of organizations of providers of community support services for individuals with intellectual disabilities and autism shall examine current reimbursement rates, costs of providing services, labor costs and administrative overhead costs to determine opportunities for efficiencies and savings. The department and providers shall present a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters with findings no later than January 1, 2019.
Sec. A-4. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Developmental Services Waiver - MaineCare Z211
Initiative: Provides appropriations to increase the rates provided for home-based and community-based care for individuals with intellectual disabilities or autism.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $20,100,152 |
 |
|
|
| GENERAL FUND TOTAL | $0 | $20,100,152 |
Developmental Services Waiver - Supports Z212
Initiative: Provides appropriations to increase the rates provided for home-based and community-based care for individuals with intellectual disabilities or autism.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $2,718,540 |
|
|
|
| GENERAL FUND TOTAL | $0 | $2,718,540 |
Medicaid Services - Developmental Services Z210
Initiative: Provides allocations to increase the rates provided for home-based and community-based care for individuals with intellectual disabilities or autism.
| OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
|
All Other
|
$0 | $4,644,239 |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $4,644,239 |
Medical Care - Payments to Providers 0147
Initiative: Provides allocations to increase the rates provided for home-based and community-based care for individuals with intellectual disabilities or autism.
| FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $49,941,047 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $49,941,047 |
| HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$0 | $22,818,692 |
|
FEDERAL EXPENDITURES FUND
|
$0 | $49,941,047 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | $4,644,239 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $77,403,978 |
PART B
Sec. B-1. Reimbursement for personal care and related services. The Department of Health and Human Services shall amend its rules for reimbursement rates for personal care and related services provided under Chapter 101: MaineCare Benefits Manual, Sections 12, 19 and 96 and Chapter 5, Office of Elder Services Policy Manual, Section 63 to reflect the final rates modeled in the February 1, 2016 report "Rate Review for Personal Care and Related Services: Final Rate Models" prepared for the department by Burns & Associates, Inc. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. B-2. Deadline for increase established. The Department of Health and Human Services shall increase the reimbursement rates in accordance with section 1 of this Part, effective July 1, 2018.
Sec. B-3. Adjustment of monetary caps. The Department of Health and Human Services shall ensure that caps and limitations on home-based and community-based services are increased to reflect increases in reimbursement rates that result from this Part. A recipient of services may not experience a reduction in hours solely as a result of increased reimbursement.
Sec. B-4. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Long Term Care - Office of Aging and Disability Services 0420
Initiative: Provides funding to increase rates for certain services effective July 1, 2018.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $884,176 |
|
|
|
| GENERAL FUND TOTAL | $0 | $884,176 |
Medical Care - Payments to Providers 0147
Initiative: Provides funding to increase rates for certain services effective July 1, 2018.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $2,775,557 |
|
|
|
| GENERAL FUND TOTAL | $0 | $2,775,557 |
| FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $5,007,833 |
|
|
|
| FEDERAL EXPENDITURES FUND TOTAL | $0 | $5,007,833 |
| HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$0 | $3,659,733 |
|
FEDERAL EXPENDITURES FUND
|
$0 | $5,007,833 |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $8,667,566 |
PART C
Sec. C-1. PL 2017, c. 284, Pt. V, §2 is repealed.
Sec. C-2. Appropriations and allocations. The following appropriations and allocations are made.
CORRECTIONS, DEPARTMENT OF
County Jails Operation Fund Z227
Initiative: Appropriates funds for the County Jails Operation Fund program.
| GENERAL FUND | 2017-18 | 2018-19 |
|
All Other
|
$0 | $12,202,104 |
|
|
|
| GENERAL FUND TOTAL | $0 | $12,202,104 |
Reserve for County Jail Operations N266
Initiative: Deallocates funds for county jail operations.
| OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
|
Unallocated
|
$0 | ($12,202,104) |
|
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($12,202,104) |
| CORRECTIONS, DEPARTMENT OF | ||
| DEPARTMENT TOTALS | 2017-18 | 2018-19 |
|
GENERAL FUND
|
$0 | $12,202,104 |
|
OTHER SPECIAL REVENUE FUNDS
|
$0 | ($12,202,104) |
|
|
|
| DEPARTMENT TOTAL - ALL FUNDS | $0 | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.