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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1606
H.P. 1060 House of Representatives, April 15, 2025
An Act to Require Data Collection and Major Substantive
Rulemaking for the Lifespan Waiver Providing Home and
Community-based Services for Individuals with Intellectual and
Developmental Disabilities, Autism Spectrum Disorder or Other
Related Conditions
(EMERGENCY)
Received by the Clerk of the House on April 11, 2025. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Cape Elizabeth.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: ARFORD of Brunswick, CLUCHEY of Bowdoinham, HEPLER of
Woolwich, SALISBURY of Westbrook, Senators: MOORE of Washington, TEPLER of
Sagadahoc.
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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, the Department of Health and Human Services is currently engaged in
4 developing the lifespan waiver with the federal Department of Health and Human Services,
5 Centers for Medicare and Medicaid Services; and
6Whereas, the Department of Health and Human Services will be undertaking
7 rulemaking and the Legislature determines that the rulemaking should be major substantive
8 with legislative involvement; and
9Whereas, in the judgment of the Legislature, these facts create an emergency within
10 the meaning of the Constitution of Maine and require the following legislation as
11 immediately necessary for the preservation of the public peace, health and safety; now,
12 therefore,
13Be it enacted by the People of the State of Maine as follows:
14Sec. 1. 34-B MRSA §5003-B, as enacted by PL 2023, c. 412, Pt. LLLLL, §1, is
15 repealed and the following enacted in its place:
16§5003-B. Services across lifespan
171. Lifespan waiver development. The department shall facilitate the development of
18 a home and community‑based waiver from the United States Department of Health and
19 Human Services, Centers for Medicare and Medicaid Services that provides services for
20 individuals with intellectual and developmental disabilities, autism spectrum disorder or
21 other related conditions across the lifespan, including smooth transitions from childhood
22 to adulthood. Upon federal approval, the department shall adopt rules to implement this
23 section. Rules adopted pursuant to this section are major substantive rules as defined in
24 Title 5, chapter 375, subchapter 2‑A.
252. Data collection. For each year the lifespan waiver is operational, the department
26 shall collect data related to service provisions and unmet needs for care for individuals
27 receiving services or individuals approved for receipt of services under the lifespan waiver
28 under subsection 1. The data to be collected must include, but is not limited to, the
29 following:
30 A. The number of individuals who are unable to access services identified in their
31 personal plans required by sections 5003-A and 5470-B, sorted by category of service;
32 B. The number of individuals who do not receive all of the hours or units of service
33 identified in their personal plans required by sections 5003-A and 5470-B, sorted by
34 category of service;
35 C. The number of individuals who are receiving services while living with a service
36 provider, also known as a shared living provider, in a family-style environment and a
37 categorization of the providers as family or nonfamily, as well as the ages of the
38 providers; and
39 D. The number of individuals who experience residential transitions within each year,
40 including, but not limited to, transitions between group homes, shared living providers
41 or self-directed services, sorted by the type of residential arrangements that individuals
42 are transitioning to and from.
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13. Report. The department shall publish an annual report with the data collected
2 pursuant to subsection 2. The report must be published on the department's publicly
3 accessible website and submitted to the joint standing committee of the Legislature having
4 jurisdiction over health and human services matters no later than February 28th of each
5 year.
6Emergency clause. In view of the emergency cited in the preamble, this legislation
7 takes effect when approved.
8SUMMARY
9 This bill requires the rulemaking for the lifespan waiver to be major substantive.
10 Current law requires only the initial rulemaking to be major substantive. The bill also
11 requires the Department of Health and Human Services to collect data related to unmet
12 needs identified in individuals' personal plans and related to residential transitions between
13 group homes, shared living and self-directed residential arrangements. The department is
14 required to publish an annual report with the data on its publicly accessible website and
15 submit the report to the joint standing committee of the Legislature having jurisdiction over
16 health and human services matters.
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