An Act Making Certain 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, the 90-day period may not terminate until after the beginning of the next fiscal year; and
Whereas, certain obligations and expenses incident to the operation of state departments and institutions will become due and payable immediately; 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. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Developmental Services - Community Z208
Initiative: Provides funding for one Social Services Program Specialist II position to handle additional work required by an increase in members under a MaineCare Benefits Manual, Chapters II and III, Section 21 waiver.
GENERAL FUND | 2017-18 | 2018-19 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 1.000 |
Personal Services
|
$0 | $83,853 |
All Other
|
$0 | $6,191 |
GENERAL FUND TOTAL | $0 | $90,044 |
Developmental Services Waiver - MaineCare Z211
Initiative: Provides funding for the Department of Health and Human Services, beginning October 1, 2018, to add 50 members a month from the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21 relating to home and community benefits for members with intellectual disabilities or autism spectrum disorder until 300 new members in total have been added.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $5,068,738 |
GENERAL FUND TOTAL | $0 | $5,068,738 |
Medicaid Services - Developmental Services Z210
Initiative: Provides an allocation for the Department of Health and Human Services, beginning October 1, 2018, to add 50 members a month from the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21 relating to home and community benefits for members with intellectual disabilities or autism spectrum disorder until 300 new members in total have been added.
OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
All Other
|
$0 | $1,025,369 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $1,025,369 |
Medical Care - Payments to Providers 0147
Initiative: Provides an allocation for the Department of Health and Human Services, beginning October 1, 2018, to add 50 members a month from the waiting list for community-based services provided under the MaineCare Benefits Manual, Chapters II and III, Section 21 relating to home and community benefits for members with intellectual disabilities or autism spectrum disorder until 300 new members in total have been added.
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $10,995,368 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $10,995,368 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $5,158,782 |
FEDERAL EXPENDITURES FUND
|
$0 | $10,995,368 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $1,025,369 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $17,179,519 |
PART B
Sec. B-1. 22 MRSA §1708, sub-§3, ¶F, as enacted by PL 2013, c. 594, §1, is amended to read:
Any rebasing done pursuant to this paragraph may not result in a nursing facility receiving a reimbursement rate that is lower than the rate in effect on June 30, 2018.
Sec. B-2. Rate increases for adult family care services, adult day services and homemaker services. The Department of Health and Human Services shall provide for rate increases for adult family care services, adult day services and homemaker services pursuant to rule as provided in this section.
1. Services provided pursuant to rules; rate increases for fiscal year 2018-19. The department shall amend its rules in 10-144, Chapter 101: MaineCare Benefits Manual, Chapter III, Section 2, Adult Family Care Services and Section 26, Day Health Services; and in 10-149, Chapter 5: Office of Aging and Disability Services Policy Manual, Section 61, Adult Day Services and Section 69, Independent Support Services Program so that for the state fiscal year ending June 30, 2019 the MaineCare payment rates attributable to wages and salaries for personal care and related services provided pursuant to each of the rules are increased by 10%.
2. Rate increases for fiscal year 2019-20 and thereafter until completion of rate study. For the state fiscal year ending June 30, 2020 and each year thereafter until the completion of the rate study under subsection 3, the MaineCare payment rates attributable to wages and salaries for personal care and related services under subsection 1 must be increased by an inflation adjustment cost-of-living percentage change in reimbursement in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index.
3. Rate study. Cost-of-living increases as described in subsection 2 must continue on an annual basis until the Department of Health and Human Services has completed a rate study conducted by a 3rd party, including participation of providers, for adult family care services, adult day services or homemaker services and the rates in the rate study have been implemented.
Sec. B-3. Rate increases for nursing facilities. The Department of Health and Human Services shall amend its rule in 10-144, Chapter 101: MaineCare Benefits Manual, Chapter III, Section 67, Principles of Reimbursement for Nursing Facilities to provide for the following.
1. Special wage allowance for fiscal year 2018-19. For the state fiscal year ending June 30, 2019, a special supplemental allowance must be made to provide for increases in wages and wage-related benefits in both the direct care cost component and routine care cost component as follows. An amount equal to 10% of allowable wages and associated benefits and taxes as reported on each facility's as-filed cost report for its fiscal year ending in calendar year 2016 must be added to the cost per resident day in calculating each facility's prospective rate, notwithstanding any otherwise applicable caps or limits on reimbursement. This supplemental allowance must also be allowed and paid at final audit to the full extent that it does not cause reimbursement to exceed the facility's allowable costs in that fiscal year.
2. Changes in occupancy penalty. For the state fiscal years ending June 30, 2019, June 30, 2020 and June 30, 2021, the reduction in allowable cost per day in the fixed costs component based on minimum occupancy standards applies only for an annual level of occupancy less than 70%. For fiscal years ending June 30, 2022 and thereafter, the reduction in allowable cost applies only for an annual level of occupancy less than 85% for facilities with 61 or more beds and 80% for facilities with 60 or fewer beds.
3. Low-cost, high Medicaid nursing facilities. Beginning July 1, 2019, the supplemental payment established by Public Law 2013, chapter 594, section 3, subsection 5 must be revised to provide that the supplemental payment increases to 60¢ per resident day, is not subject to cost settlement and must be retained by the facility in its entirety for any nursing facility whose MaineCare residents constitute more than 80% of the nursing facility's total number of residents and whose base year direct and routine aggregate costs per day are less than the median aggregate direct and routine allowable costs for the facility's peer group. The supplemental payment must continue to apply as provided in Public Law 2013, chapter 594, section 3, subsection 5 for facilities that do not meet the standard set forth in this subsection.
4. Hold harmless. The rate of reimbursement for nursing facilities for direct care and routine costs that results from amending the law or the rules to reflect the revised method of rebasing the nursing facility's base year pursuant to this section may not result for any nursing facility in a rate of reimbursement that is lower than the rate in effect on June 30, 2018.
Sec. B-4. Rate increases for residential care facilities. The Department of Health and Human Services shall amend its rules in 10-144, Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Appendix C, Principles of Reimbursement for Medical and Remedial Service Facilities; and 10-144, Chapter 115: Principles of Reimbursement for Residential Care Facilities - Room and Board Costs to provide for the following rate changes.
1. Special wage allowance for fiscal year 2018-19. For the state fiscal year ending June 30, 2019, a special supplemental allowance must be made to provide for increases in wages and wage-related benefits in the direct care, personal care services and routine cost components as follows. An amount equal to 10% of wages and associated benefits and taxes as reported on each facility's as-filed cost report for its fiscal year ending in calendar year 2016 must be added to the cost per resident day in calculating each facility's prospective rate, notwithstanding any otherwise applicable caps or limits on reimbursement. This supplemental allowance must also be allowed and paid at final audit to the full extent that it does not cause reimbursement to exceed the facility's allowable costs in each component that is cost settled in that fiscal year.
2. Adjustment for inflation for rates for fiscal year 2019-20 and thereafter. For the state fiscal year ending June 30, 2020 and each year thereafter, the MaineCare payment rates attributable to wages and salaries in each cost component specified in subsection 1 must be increased by an inflation factor in accordance with the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index medical care services index.
Sec. B-5. Commission To Study Long-term Care Workforce Issues. Notwithstanding Joint Rule 353, the Commission To Study Long-term Care Workforce Issues, referred to in this section as "the commission," is established.
1. Members. The commission consists of up to 18 members as follows:
2. Chairs and subcommittees. The first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the commission. The chairs of the commission are authorized to establish subcommittees to work on the duties listed in subsection 4 and to assist the commission. The subcommittees must be composed of members of the commission and interested persons who are not members of the commission and who volunteer to serve on the subcommittees without reimbursement.
3. Appointments. All appointments must be made no later than 30 days following the effective date of this Part. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members and after adjournment of the Second Special Session of the 128th Legislature, the chairs shall call and convene the first meeting of the commission. If 30 days or more after the effective date of this Part a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the commission to meet and conduct its business.
4. Directive of commission. The commission shall study and make policy recommendations in each of the following areas:
The commission shall make policy recommendations for public and private funding mechanisms to implement the commission's recommendations.
5. Program. The commission shall make recommendations for the establishment of a program that will contribute to long-term care direct care workers' postsecondary education in related fields.
6. Pilot program. The commission shall make recommendations for the establishment of a pilot program to pool part-time home care workers' hours for purposes of providing greater employment opportunity and obtaining employee benefits.
7. Staffing. The Legislative Council shall provide necessary staffing services to the commission.
8. Administration. The Commissioner of Health and Human Services, the State Auditor and the State Budget Officer shall provide necessary information and assistance to the commission as required for the commission's duties.
9. Report. No later than November 7, 2018, the commission shall submit a report that includes its findings and recommendations pursuant to subsections 4 to 6, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The joint standing committee of the Legislature having jurisdiction over health and human services matters may report out a bill regarding the subject matter of the report to the First Regular Session of the 129th Legislature.
Sec. B-6. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Developmental Services - Community Z208
Initiative: Provides appropriations for an increase to rates for certain services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $44,678 |
GENERAL FUND TOTAL | $0 | $44,678 |
Long Term Care - Office of Aging and Disability Services 0420
Initiative: Provides appropriations for an increase to rates for certain services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $620,032 |
GENERAL FUND TOTAL | $0 | $620,032 |
Medical Care - Payments to Providers 0147
Initiative: Provides appropriations and allocations for an increase to rates for certain services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $4,271,956 |
GENERAL FUND TOTAL | $0 | $4,271,956 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $20,525,109 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $20,525,109 |
OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
All Other
|
$0 | $516,023 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $516,023 |
Nursing Facilities 0148
Initiative: Provides appropriations and allocations for an increase to rates for certain services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $5,475,685 |
GENERAL FUND TOTAL | $0 | $5,475,685 |
OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
All Other
|
$0 | $1,108,680 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $1,108,680 |
PNMI Room and Board Z009
Initiative: Provides appropriations for an increase to rates for certain services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $687,649 |
GENERAL FUND TOTAL | $0 | $687,649 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $11,100,000 |
FEDERAL EXPENDITURES FUND
|
$0 | $20,525,109 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $1,624,703 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $33,249,812 |
PART C
Sec. C-1. Department of Health and Human Services to establish and increase MaineCare rates. Notwithstanding any other provision of law, no later than the effective date of this Part, the Department of Health and Human Services shall amend rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 28 to establish new reimbursement rates and increase existing reimbursement rates for children's habilitative services and specialized children's habilitative services in accordance with the April 24, 2017 report "Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking" prepared for the department by Burns & Associates, Inc. Rules adopted pursuant to this section are major substantive rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. C-2. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
General Purpose Aid for Local Schools 0308
Initiative: Provides funding for the additional costs associated with the establishment of reimbursement rates and the increase of existing reimbursement rates in the Department of Health and Human Services rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 28 for children's habilitative services and specialized children's habilitative services in accordance with the April 24, 2017 report "Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking" prepared for the department by Burns & Associates, Inc.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $568,421 |
GENERAL FUND TOTAL | $0 | $568,421 |
EDUCATION, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $568,421 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $568,421 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding to establish reimbursement rates and increase existing reimbursement rates in the Department of Health and Human Services rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 28 for children's habilitative services and specialized children's habilitative services in accordance with the April 24, 2017 report "Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking" prepared for the department by Burns & Associates, Inc.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $2,273,686 |
GENERAL FUND TOTAL | $0 | $2,273,686 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $6,206,430 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $6,206,430 |
Mental Health Services - Community Medicaid Z201
Initiative: Provides funding to establish reimbursement rates and increase existing reimbursement rates in the Department of Health and Human Services rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 28 for children's habilitative services and specialized children's habilitative services in accordance with the April 24, 2017 report "Rate Study for Behavioral Health and Targeted Case Management Services: Final Proposed Rates for Formal Rulemaking" prepared for the department by Burns & Associates, Inc.
OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
All Other
|
$0 | $577,566 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $577,566 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $2,273,686 |
FEDERAL EXPENDITURES FUND
|
$0 | $6,206,430 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $577,566 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $9,057,682 |
SECTION TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $2,842,107 |
FEDERAL EXPENDITURES FUND
|
$0 | $6,206,430 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $577,566 |
SECTION TOTAL - ALL FUNDS | $0 | $9,626,103 |
PART D
Sec. D-1. Department of Health and Human Services to increase MaineCare rates. The Department of Health and Human Services shall amend the rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 13, Targeted Case Management Services; Section 17, Allowances for Community Support Services; Section 23, Developmental and Behavioral Clinic Services; Section 28, Rehabilitative and Community Support Services for Children with Cognitive Impairments and Functional Limitations; Section 65, Behavioral Health Services; and Section 97, Private Non-Medical Institution Services, Appendix B and Appendix E to increase reimbursement rates, effective July 1, 2018, to ensure a net increase in funding from fiscal year 2008-09 to fiscal year 2018-19 of 2% as long as no rate for a service is lower than the rate reimbursed as of January 1, 2018. The rules must specify that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct services and not to administrators or managers.
Sec. D-2. Increase to employee wages. To qualify for the rate increase pursuant to section 1 of this Part, an agency providing services must demonstrate, to the satisfaction of the Department of Health and Human Services, that an increase in wages and benefits for employees providing direct services has been granted that equals the amount of increase received as a result of the increased reimbursement. The increase must be granted or paid out retroactively from the date the department begins reimbursing at the increased rates.
Sec. D-3. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides appropriations and allocations to increase certain reimbursement rates by July 1, 2018 to reflect a 2% increase over rates in fiscal year 2008-09.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $6,036,063 |
GENERAL FUND TOTAL | $0 | $6,036,063 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $11,974,266 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $11,974,266 |
OTHER SPECIAL REVENUE FUNDS | 2017-18 | 2018-19 |
All Other
|
$0 | $600,591 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $600,591 |
PNMI Room and Board Z009
Initiative: Provides appropriations to increase certain reimbursement rates, by July 1, 2018, to reflect a 2% increase from rates in fiscal year 2008-09.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $17,135 |
GENERAL FUND TOTAL | $0 | $17,135 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $6,053,198 |
FEDERAL EXPENDITURES FUND
|
$0 | $11,974,266 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $600,591 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $18,628,055 |
PART E
Sec. E-1. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding for a 15% rate increase for the medication management services provided under rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65: Behavioral Health Services, by July 1, 2018.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $552,527 |
GENERAL FUND TOTAL | $0 | $552,527 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $1,003,012 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $1,003,012 |
State-funded Foster Care/Adoption Assistance 0139
Initiative: Provides funding for a 15% rate increase for the medication management services provided under rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65: Behavioral Health Services, by July 1, 2018.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $15,477 |
GENERAL FUND TOTAL | $0 | $15,477 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $568,004 |
FEDERAL EXPENDITURES FUND
|
$0 | $1,003,012 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $1,571,016 |
PART F
Sec. F-1. 15 MRSA §5826, sub-§6, as amended by PL 1999, c. 408, §3, is further amended to read:
Sec. F-2. 17-A MRSA §1105-A, sub-§1, ¶¶K and L, as enacted by PL 2003, c. 476, §2, are amended to read:
Sec. F-3. 17-A MRSA §1105-A, sub-§1, ¶M is enacted to read:
Sec. F-4. 17-A MRSA §1105-B, sub-§1, ¶D, as enacted by PL 2003, c. 476, §5, is amended to read:
Sec. F-5. 17-A MRSA §1105-C, sub-§1, ¶K, as enacted by PL 2003, c. 476, §7, is amended to read:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug; or
Sec. F-6. 22 MRSA §7250, sub-§8 is enacted to read:
Sec. F-7. Appropriations and allocations. The following appropriations and allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Provides funds for an anticipated increase in indigent legal services costs resulting from additional prosecutions involving death or serious bodily injury to a person.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $11,000 |
GENERAL FUND TOTAL | $0 | $11,000 |
PART G
Sec. G-1. 5 MRSA §20003, sub-§13-A is enacted to read:
Sec. G-2. 5 MRSA §20003, sub-§15-A is enacted to read:
Sec. G-3. 5 MRSA §20003, sub-§16-A is enacted to read:
Sec. G-4. 5 MRSA §20003, sub-§19-A is enacted to read:
Sec. G-5. 5 MRSA §20003, sub-§19-B is enacted to read:
Sec. G-6. 5 MRSA §20055 is enacted to read:
§ 20055. Hub-and-spoke model
No later than October 1, 2018, the department shall ensure that a continuum of evidence-based treatment and recovery support services for opioid use disorder is accessible to all people in this State through contracts with hubs and spokes. Hub providers may refer patients to spokes when clinically appropriate, and spokes may refer patients to hubs when clinically appropriate. The department shall provide funds to hubs and spokes to support the development of treatment capacity. The department shall also provide funds to hubs and spokes for treatment, including medication, for individuals who lack insurance or the ability to pay for treatment. The department shall provide funds to support recovery support services for individuals receiving treatment from hubs and spokes. The department shall ensure that individuals have access to the appropriate levels of care that meet the individuals' need, as determined by an assessment by a treating clinician. A hub is eligible to receive funding under this section only if the hub has the capacity to assess and treat or refer patients with multiple behavioral health diagnoses. A hub shall provide or contract for comprehensive services including intensive outpatient programs and integrated medication assisted treatment for individuals with acute needs. A hub shall provide or coordinate with recovery support services.
Sec. G-7. Department of Health and Human Services; services for opioid and substance use disorder. The Department of Health and Human Services, referred to in this section as "the department," shall assess federal funding opportunities to support integrated medication-assisted treatment and a hub-and-spoke model of delivery of services for opioid and substance use disorder as described in the Maine Revised Statutes, Title 5, section 20055 and distribute resources to hubs and spokes based on identified needs.
1. Development of grant funding for education. The department shall provide grant funding, when available, to hubs or other qualified entities to provide assistance with the development of hub-and-spoke infrastructure, as well as initial training and ongoing education to hub-and-spoke providers across the State. Qualified entities may include providers that deliver health care services to meet the health needs of target populations.
2. Provide treatment to uninsured individuals seeking treatment. The department shall provide funds to support treatment for uninsured individuals seeking integrated medication-assisted treatment.
3. Evaluation and assessment. The department shall develop assessment measures for performance evaluation of the hub-and-spoke model. Assessment measures must include statistics regarding referrals of individuals seeking substance use disorder treatment; treatment for substance use disorder; success rates, including recovery engagement, adherence to medication-assisted treatment protocols, stability and workplace participation; wait time for services; and any other relevant measures.
4. 211 Maine information. The department shall support the development of a plan to create a statewide resource and referral center for substance use disorder treatment and recovery resources that uses the existing 211 Maine service and links it with comprehensive, statewide information on available treatment and recovery resources. The department shall work collaboratively with the United Ways of Maine to develop this plan, as well as with substance use disorder treatment providers and individuals from the substance use disorder recovery community.
5. Report. No later than February 1, 2019, the department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the progress and implementation of the hub-and-spoke model, federal funding, grants dispersed, evaluation and assessment measures and improvement of the 211 Maine service. The joint standing committee of the Legislature having jurisdiction over health and human services matters is authorized to report out legislation to the First Regular Session of the 129th Legislature related to the report.
Sec. G-8. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office of Substance Abuse and Mental Health Services Z199
Initiative: Provides funding beginning in fiscal year 2018-19 to hubs and spokes, as defined in the Maine Revised Statutes, Title 5, section 20003, to cover costs of intensive, intermediate and long-term treatment, including, but not limited to, the cost of medication, screening, behavioral health treatment, urine drug screens, office visits and recovery support services for individuals with opioid use disorder, including those who are uninsured. The department may use a portion of the funds to support training and education of hub-and-spoke providers.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $6,663,000 |
GENERAL FUND TOTAL | $0 | $6,663,000 |
PART H
Sec. H-1. Sustainable funding review. The Department of Health and Human Services shall conduct a review of possible ways to provide adequate sustainable funding for affordable assisted living facilities that hold a valid contract with the office of aging and disability services within the Department of Health and Human Services, including providing permanent increases to existing funding levels, paying the medical costs of certain residents until they are eligible for MaineCare coverage, a practice known as Rate Code 53 spending, and designating facilities as private nonmedical institutions. The department shall report back with its recommendations to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 11, 2019.
Sec. H-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office of Aging and Disability Services Central Office 0140
Initiative: Provides one-time additional funding for the provision of assisted living services.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $500,000 |
GENERAL FUND TOTAL | $0 | $500,000 |
PART I
Sec. I-1. Department of Health and Human Services to increase MaineCare reimbursement for outpatient psychosocial treatments for children. The Department of Health and Human Services shall increase reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 for multisystemic therapy, multisystemic therapy for problem sexualized behavior and functional family therapy by 20% for the period from the effective date of this Part to June 30, 2019.
Sec. I-2. Rate study. The Department of Health and Human Services shall contract with a 3rd party to conduct a rate study of reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 for multisystemic therapy, multisystemic therapy for problem sexualized behavior and functional family therapy. The rate study must develop a rate that is set on a per case per week basis. The rate study must also take into account the costs to providers of delivering the services, including additional training, and maintenance of fidelity to the treatment models. The rate study must be completed no later than December 1, 2018.
Sec. I-3. Report. The Department of Health and Human Services shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters with the findings of the rate study conducted pursuant to section 2 of this Part no later than January 30, 2019.
Sec. I-4. Rulemaking. The Department of Health and Human Services is authorized to adopt rules to implement new rates developed pursuant to the rate study in section 2 of this Part as long as those rates are no lower than the rates of reimbursement that exist on April 1, 2018 and the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services approves the reimbursement rates. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. I-5. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding for a one-time increase to certain rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 by 20% until June 30, 2019.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $212,306 |
GENERAL FUND TOTAL | $0 | $212,306 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $385,318 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $385,318 |
Office of MaineCare Services 0129
Initiative: Provides funding to contract with a 3rd party to conduct a rate study of certain rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 65 to be completed no later than December 1, 2018.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $50,000 |
GENERAL FUND TOTAL | $0 | $50,000 |
FEDERAL EXPENDITURES FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $50,000 |
FEDERAL EXPENDITURES FUND TOTAL | $0 | $50,000 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $262,306 |
FEDERAL EXPENDITURES FUND
|
$0 | $435,318 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $697,624 |
PART J
Sec. J-1. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Office of Substance Abuse and Mental Health Services Z199
Initiative: Provides funds for case management and other ancillary services provided by the office for drug courts established by the Judicial Department. These funds must be used to provide services for up to 30 new participants either at a new drug court in the State or in existing drug courts in the State.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $150,000 |
GENERAL FUND TOTAL | $0 | $150,000 |
HEALTH AND HUMAN SERVICES, DEPARTMENT OF | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $150,000 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $150,000 |
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides funds for active retired judges to cover other court time of full-time sitting judges assigned either to a new drug court in the State or to existing drug courts in the State to allow for up to 30 new participants.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $10,800 |
GENERAL FUND TOTAL | $0 | $10,800 |
JUDICIAL DEPARTMENT | ||
DEPARTMENT TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $10,800 |
DEPARTMENT TOTAL - ALL FUNDS | $0 | $10,800 |
SECTION TOTALS | 2017-18 | 2018-19 |
GENERAL FUND
|
$0 | $160,800 |
SECTION TOTAL - ALL FUNDS | $0 | $160,800 |
PART K
Sec. K-1. 5 MRSA §17852-A is enacted to read:
§ 17852-A. Computation of benefit for certain correctional facility employees
PART L
Sec. L-1. Task force established. The Task Force To Study and Plan for the Implementation of Maine's Early Childhood Special Education Services, referred to in this Part as "the task force," is established to study and plan for the implementation of Maine's early childhood special education programs and services provided for young children from 3 years of age to 5 years of age.
Sec. L-2. Task force membership. Notwithstanding Joint Rule 353, the task force consists of 20 members appointed as follows:
1. One member of the Senate appointed by the President of the Senate;
2. One member of the House of Representatives appointed by the Speaker of the House;
3. Sixteen members appointed as follows:
4. The Commissioner of Education or the commissioner's designee; and
5. The Commissioner of Health and Human Services or the commissioner's designee.
Sec. L-3. Chairs. The President of the Senate and the Speaker of the House shall each appoint one member of the task force to serve as cochair, except that, notwithstanding Joint Rule 353, the President of the Senate and the Speaker of the House may not appoint a Legislator to serve as a chair of the task force. Notwithstanding Joint Rule 353, the chairs may appoint, as nonvoting members of the task force, individuals with expertise in areas relevant to early childhood development services and systems.
Sec. L-4. Appointments; convening of task force. All the appointments must be made no later than 30 days following the effective date of this Part. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. Within 15 days after appointment of all members, the chairs shall call and convene the first meeting of the task force. If 30 days or more after enactment of this legislation a majority of but not all of the appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the task force to meet and conduct its business.
Sec. L-5. Duties. The task force shall examine:
1. National trends and relevant models of governing and delivering early childhood special education systems in other states and jurisdictions that hold the potential for enhancing the effectiveness, efficiency or accountability of the early childhood special education system in the State;
2. The short-term and long-term costs and benefits of the Department of Education's proposed plan to restructure the Child Development Services System as presented by the Commissioner of Education to the Legislature in Legislative Document 1870 in the Second Regular Session of the 128th Legislature;
3. The findings and recommendations of the Subcommittee To Study Early Childhood Special Education in its January 2007 report;
4. The findings and recommendations of the Office of Program Evaluation and Government Accountability in its July 2012 report on child development services; and
5. Any other issues the task force determines to be useful or necessary concerning early childhood special education systems matters.
Sec. L-6. Development of recommendations; plan. The task force shall develop recommendations for an early childhood special education services program plan, which must include, but is not limited to:
1. Models of best practices;
2. Fiscally sound budget forecasting, including all possible revenue streams and updated costs;
3. Transportation services;
4. Data systems, including a billing system, a system that allows coordination with the MaineCare program and a case management documentation system;
5. A timeline for the implementation of the plan under this section;
6. A procedure for data collection and analysis conducted by the Maine Education Policy Research Institute;
7. A method for assessing a school administrative unit's capacity for implementing early childhood special education programs;
8. Training requirements for service providers and leaders;
9. Public information communication strategy for implementation of the plan; and
10. Identification of potential revisions to the Department of Health and Human Services' rule Chapter 101: MaineCare Benefits Manual.
Sec. L-7. Authorized meetings. The task force may hold no more than 6 meetings.
Sec. L-8. Staff assistance. Notwithstanding Joint Rule 353, the Legislative Council shall contract for a facilitator for the task force using a request for proposals process. The Office of Policy and Legal Analysis shall provide drafting assistance to the task force.
Sec. L-9. Compensation. Legislative members of the task force are entitled to receive the legislative per diem and reimbursement for travel and other necessary expenses related to their attendance at authorized meetings of the task force. Other members of the task force may not receive compensation for their participation on the task force.
Sec. L-10. Report. No later than December 5, 2018, the task force shall submit a report containing its findings, recommendations and plan, including suggested legislation, for presentation to the Joint Standing Committee on Education and Cultural Affairs. The joint standing committee of the Legislature having jurisdiction over education matters may submit a bill to the First Regular Session of the 129th Legislature.
Sec. L-11. Appropriations and allocations. The following appropriations and allocations are made.
EDUCATION, DEPARTMENT OF
Child Development Services 0449
Initiative: Provides one-time funds to address the Child Development Services System budgetary shortfall.
GENERAL FUND | 2017-18 | 2018-19 |
All Other
|
$0 | $3,700,000 |
GENERAL FUND TOTAL | $0 | $3,700,000 |
PART M
Sec. M-1. 30-A MRSA c. 201, sub-c. 12-A is enacted to read:
SUBCHAPTER 12-A
LEAD ABATEMENT
§ 4981. Lead abatement program
(1) Housing units or housing projects consisting of households with incomes up to 100% of the area median income as established by the United States Department of Housing and Urban Development, whether the housing is owned by an individual or a for-profit or nonprofit entity, are eligible.
(2) Annual rent for a housing unit or housing project receiving project funds may not exceed 30% of the area median income as established by the United States Department of Housing and Urban Development for 4 years after completion of the abatement work.
(3) Housing that serves as a child care location for children under 6 years of age is eligible as long as the owner has an annual income at or below 100% of the area median income as established by the United States Department of Housing and Urban Development.
The Maine State Housing Authority may adopt the eligibility standards pursuant to this paragraph by routine technical rule as described in Title 5, chapter 375, subchapter 2-A.
(1) At least 10% of the costs of abatement; or
(2) At least 25% of the costs of abatement if a child who is a resident of, or who receives child care services in, the housing has been determined to have lead poisoning, as defined in Title 22, section 1315, subsection 5-C.
Priority for program funds must be given to abatement projects for housing in which a child who has been determined to have lead poisoning, as defined in Title 22, section 1315, subsection 5-C, resides.
Sec. M-2. Appropriations and allocations. The following appropriations and allocations are made.
HOUSING AUTHORITY, MAINE STATE
Lead Abatement Fund N261
Initiative: Allocates one-time funds to provide grants for the abatement of lead paint hazards in residential housing and for the cost of establishing and administering the lead abatement program.
FUND FOR A HEALTHY MAINE | 2017-18 | 2018-19 |
All Other
|
$0 | $4,000,000 |
FUND FOR A HEALTHY MAINE TOTAL | $0 | $4,000,000 |
PART N
Sec. N-1. Ongoing funding. During the First Regular Session of the 129th Legislature, the joint standing committee of the Legislature having jurisdiction over health and human services matters may report out legislation to provide ongoing funding for school-based health centers.
Sec. N-2. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Center for Disease Control and Prevention 0143
Initiative: Restores funding on a one-time basis to the State's school-based health centers to the level of funding provided in fiscal year 2016-17.
FUND FOR A HEALTHY MAINE | 2017-18 | 2018-19 |
All Other
|
$0 | $600,000 |
FUND FOR A HEALTHY MAINE TOTAL | $0 | $600,000 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.