Resolve, To Increase Funding for Children's Behavioral Health Issues in Order To Return to the State Children Who Are Currently Housed in Residential Treatment Systems outside of the State and To Suspend Certain Contracts Related to Psychiatric Residential Treatment Facilities

Sec. 1. Department of Health and Human Services to coordinate with families of children receiving services out of state. Resolved: That the Department of Health and Human Services through its case managers shall coordinate with families of children who are receiving residential treatment services for behavioral health issues out of state to develop plans to bring the children back to the State to receive the required services that would be received under rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 97, Private Non-Medical Institution Services, if room were available.

Sec. 2. Suspension and moratorium on contracts involving psychiatric residential treatment facility licensed by Department of Health and Human Services. Resolved: That any contract to which the Department of Health and Human Services is a party that is related to a psychiatric residential treatment facility to be licensed under rule Chapter 36: Children's Residential Care Facilities Licensing Rule is suspended and unenforceable as of the effective date of this section. The department is prohibited from entering into a new contract related to a psychiatric residential treatment facility to be licensed under rule Chapter 36: Children's Residential Care Facilities Licensing Rule. The department may not issue any new contracts related to rule Chapter 36: Children's Residential Care Facilities Licensing Rule. The suspension and moratorium imposed by this section expire 30 days after the submission of the report required by section 3 of this resolve.

Sec. 3. Department of Health and Human Services to review MaineCare rates. Resolved: That the Department of Health and Human Services shall perform a comprehensive review regarding psychiatric residential treatment facilities licensed under rule Chapter 36: Children's Residential Care Facilities Licensing Rule, referred to in this section as "the facilities." The review must include an examination and evaluation of:

1. The number of children's residential beds available in the facilities and the number of children's residential beds needed;

2. The adequacy of staffing levels for the facilities;

3. The impact of the current MaineCare reimbursement rate on the ability to maintain adequate staffing levels for the facilities; and

4. Whether the current MaineCare reimbursement rate is impeding the construction of additional facilities and, if so, what an appropriate reimbursement rate is.

The department shall report its findings and recommendations, including any necessary implementing legislation, to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services no later than January 2, 2020.

Sec. 4. Department of Health and Human Services to increase MaineCare rates. Resolved: That, no later than October 1, 2019, the Department of Health and Human Services shall amend rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services, Children's Home and Community Based Treatment, and Section 97, Appendix D, Principles of Reimbursement for Child Care Facilities, to increase reimbursement rates by 30%.

Sec. 5. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF

Medical Care - Payments to Providers 0147

Initiative: Provides funding to increase rates in rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services, Children's Home and Community Based Treatment, by 30% and in rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Appendix D, Principles of Reimbursement for Child Care Facilities, by 30%.

GENERAL FUND	2019-20	2020-21
All Other	$6,578,135	$8,770,847
GENERAL FUND TOTAL	$6,578,135	$8,770,847

FEDERAL EXPENDITURES FUND	2019-20	2020-21
All Other	$13,488,349	$17,984,466
FEDERAL EXPENDITURES FUND TOTAL	$13,488,349	$17,984,466

OTHER SPECIAL REVENUE FUNDS	2019-20	2020-21
All Other	$839,203	$1,118,937
OTHER SPECIAL REVENUE FUNDS TOTAL	$839,203	$1,118,937

SUMMARY

This resolve requires the Department of Health and Human Services to coordinate with families of children who are receiving certain services out of state to develop plans to bring the children back to the State to receive the required services and care. The resolve also suspends current contracts regarding any psychiatric residential treatment facility licensed by the department and prohibits the department from issuing new contracts for such facilities. The suspension and moratorium are lifted 30 days after the department submits a report, as required by this resolve, to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services regarding the adequacy of beds and staffing levels in those facilities and the need to increase the MaineCare reimbursement rate to allow for additional facilities or staffing.

Additionally, the resolve provides funding to increase rates in rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services, Children's Home and Community Based Treatment and Section 97, Appendix D, Principles of Reimbursement for Child Care Facilities by 30% no later than October 1, 2019.