Resolve, to Maintain Access to Home and Community-based Services for Adults with Intellectual Disabilities, Autism Spectrum Disorder or Brain Injury

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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1509
H.P. 993 House of Representatives, April 8, 2025
Resolve, to Maintain Access to Home and Community-based
Services for Adults with Intellectual Disabilities, Autism Spectrum
Disorder or Brain Injury
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Senator MOORE of Washington and
Representatives: CRAFTS of Newcastle, DUCHARME of Madison, GATTINE of Westbrook,
GRAMLICH of Old Orchard Beach, JAVNER of Chester, MCCABE of Lewiston, POIRIER
of Skowhegan, Senator: RENY of Lincoln.

Page 1 - 132LR1236(01)
1Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3Whereas, 5,000 adults with intellectual disabilities, autism spectrum disorder or brain
4 injury rely on MaineCare services to ensure access to individualized employment,
5 community engagement, daily living and vital residential and intensive care and support
6 services each day in Maine; and
7Whereas, the community-based providers that deliver these services rely on
8 MaineCare service reimbursement rates to deliver these services; and
9Whereas, pursuant to current law, in September of 2023, the Department of Health
10 and Human Services initiated a rate determination process for rule Chapter 101: MaineCare
11 Benefits Manual, Chapters II and III, Sections 18, 20, 21 and 29 and a lifespan home and
12 community-based services program and providers of these services participated in a survey
13 providing cost data from fiscal year 2023 for the rate study and determination process; and
14Whereas, the subsequent rates proposed from this determination process have not
15 been released for public comment or adopted as anticipated as of January 1, 2025; and
16Whereas, the implementation date for the rate determination for these MaineCare
17 services has been tied to the launch of new services for adults with disabilities under a new
18 state waiver, referred to as "the Lifespan Waiver," the launch date of which has been pushed
19 back an additional year to July 2026; and
20Whereas, in the judgment of the Legislature, these facts create an emergency within
21 the meaning of the Constitution of Maine and require the following legislation as
22 immediately necessary for the preservation of the public peace, health and safety; now,
23 therefore, be it
24Sec. 1. Rate studies and rate determinations required for services for adults
25with intellectual disabilities, autism spectrum disorder or brain injury.
26Resolved: That, no later than July 1, 2025, the Department of Health and Human Services
27 shall propose and implement the rates as determined by the rate study started by the
28 department in 2023 and carried out pursuant to the provisions of the Maine Revised
29 Statutes, Title 22, section 3173‑J for services provided by home and community-based
30 services providers under rule Chapter 101: MaineCare Benefits Manual, Chapters II and
31 III, Sections 18, 20, 21 and 29.
32Emergency clause. In view of the emergency cited in the preamble, this legislation
33 takes effect when approved.
34SUMMARY
35 This resolve directs the Department of Health and Human Services to propose and
36 implement the rates as determined by the department's rate study begun in 2023 and carried
37 out pursuant to the provisions of the Maine Revised Statutes, Title 22, section 3173‑J for
38 services provided by home and community-based services providers under rule Chapter
39 101: MaineCare Benefits Manual, Chapters II and III, Sections 18, 20, 21 and 29 to adults
40 with intellectual disabilities, autism spectrum disorder or brain injury.
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