Resolve, To Stabilize the Behavioral Health Workforce and Avert More Expensive Treatments

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

Whereas,  behavioral health services are important for the overall health and well-being of the recipients of those services; and

Whereas,  unequal rates of reimbursement for employees providing direct care services create huge barriers to employment and retention; and

Whereas,  instability of the direct care services workforce reduces access to services by those in need of them; and

Whereas,  a lack of receipt of these behavioral health services could lead to a need for more expensive treatments; and

Whereas,  this legislation requires that an amendment to rules to address this inequality be made by July 1, 2019; 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. Department of Health and Human Services to increase MaineCare rates. Resolved: That, no later than July 1, 2019, the Department of Health and Human Services shall amend rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services to increase reimbursement rates by 8%. The rule must specify that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct care services and not to administrators or managers.

Sec. 2. Increase to employee wages. Resolved: That to qualify for the reimbursement rate increase pursuant to section 1, an agency providing services must demonstrate, to the satisfaction of the Department of Health and Human Services, that an increase in wages and benefits has been granted to employees providing direct care services that equals the amount of the projected increase in reimbursement to be received. The increase in wages and benefits must be paid or granted retroactively from the date the department begins reimbursing at the increased rates.

Sec. 3. 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 appropriations and allocations for an increase to rates for certain services.

GENERAL FUND	2019-20	2020-21
All Other	$5,228,227	$5,489,638
GENERAL FUND TOTAL	$5,228,227	$5,489,638

FEDERAL EXPENDITURES FUND	2019-20	2020-21
All Other	$9,507,474	$9,982,848
FEDERAL EXPENDITURES FUND TOTAL	$9,507,474	$9,982,848

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

summary

This resolve provides funding to increase rates by 8% in rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65, Behavioral Health Services. The resolve also specifies that the increase in reimbursement rates must be applied to wages and benefits for employees who provide direct care services and not to administrators or managers and that to qualify for the rate increase an agency providing services must demonstrate, to the satisfaction of the Department of Health and Human Services, that an increase in wages and benefits has been granted to employees providing direct care services that equals the amount of the projected increase in reimbursement to be received.