Resolve, Directing the Department of Health and Human Services to Apply for a Waiver from the Federal Government for the Medicaid Limitation on Payment to a Facility with More than 16 Inpatient Beds for Psychiatric Treatment

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 563
S.P. 242 In Senate, February 25, 2025
Resolve, Directing the Department of Health and Human Services to
Apply for a Waiver from the Federal Government for the Medicaid
Limitation on Payment to a Facility with More than 16 Inpatient
Beds for Psychiatric Treatment
Received by the Secretary of the Senate on February 19, 2025. Referred to the Committee
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Senator BENNETT of Oxford.

Page 1 - 132LR1235(01)
1Sec. 1. Application for waiver from institutions for mental disease
2exclusion. Resolved: That, within 9 months of the effective date of this resolve, the
3 Department of Health and Human Services shall apply to the United States Department of
4 Health and Human Services, Centers for Medicare and Medicaid Services for a waiver of
5 the prohibition, as described in 42 Code of Federal Regulations, Section 435.1009, against
6 the provision of Medicaid-covered services to individuals who are inpatients in a hospital,
7 nursing facility or other institution with more than 16 beds that is primarily engaged in
8 providing diagnosis, treatment or care to persons with mental disease.
9Sec. 2. Report by department. Resolved: That the Department of Health and
10 Human Services shall inform the joint standing committee of the Legislature having
11 jurisdiction over health and human services matters when it submits to the United States
12 Department of Health and Human Services, Centers for Medicare and Medicaid Services
13 the waiver application required by section 1. The department shall also, by January 1, 2027,
14 report on the status of the waiver request and its implementation of any services provided
15 pursuant to authorities granted by the United States Department of Health and Human
16 Services, Centers for Medicare and Medicaid Services to the joint standing committee of
17 the Legislature having jurisdiction over health and human services matters.
18SUMMARY
19 This resolve requires the Department of Health and Human Services, within 9 months
20 of the effective date of this resolve, to apply to the United States Department of Health and
21 Human Services, Centers for Medicare and Medicaid Services for a waiver of the
22 prohibition against the provision of Medicaid-covered services to individuals who are
23 inpatients in a hospital, nursing facility or other institution with more than 16 beds that is
24 primarily engaged in providing diagnosis, treatment or care to persons with mental disease.
25 The resolve also requires the department to inform the joint standing committee of the
26 Legislature having jurisdiction over health and human services matters of its submission of
27 the waiver application and to report to the joint standing committee, by January 1, 2027,
28 on the status of the waiver request and its implementation of any services provided pursuant
29 to authorities granted by the United States Department of Health and Human Services,
30 Centers for Medicare and Medicaid Services.
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