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Colleen Madigan photograph

Representative Colleen Madigan [Democrat]
Waterville ~ District 110

Towns in District: part of Oakland and part of Waterville

Would be term limited: 2024
Campaign funding in 2018 Election: Maine Clean Elections Act

Joint Committees:
♦ Health and Human Services

✉ Colleen.Madigan@legislature.maine.gov
☎ 1-800-423-2900

✉ 13 Gilman Street
Waterville, Maine 04901


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OrganizationScore
Maine People's Alliance, Will of the Voters82%
Maine People's Alliance, 201892%
Maine Conservation Voters, 20188 of 8
Maine Conservation Voters, 20177 of 7
AFL-CIO, 201790%
Planned Parenthood Maine Action Fund, 2017100%

The graphs below are frequency histograms that show counts of the number of legislators with various scores, color coded by party. The "X" marks this legislator's score in that distribution of scores.

See "Explanations, Legislative scorecards" for the votes included on scorecards and links to sources.

Maine Peoples Alliance Will of the Voters graph Maine Peoples Alliance 2018 graph Maine Conservation Voters 2018 graph Maine Conservation Voters 2017 graph AFL-CIO graph Planned Parenthood Maine Action Fund graph
LD 39 Resolve, To Designate a Bridge in Waterville as the Specialist Wade A. Slack Memorial Bridge Status: Referred to Transportation Committee, Finally passed, Signed into law March 14, 2019
LD 39
This resolve designates Bridge 1457 on Interstate 95, which crosses Main Street in the City of Waterville, the Specialist Wade A. Slack Memorial Bridge.

LD 39 Chaptered Law
LD 39 Chaptered Law fiscal note
LD 40 Resolve, To Establish the Commission To Study Children's Mental Health (Emergency) Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-246, Finally passed as an emergency measure, Signed into law June 26, 2019
LD 40
This resolve establishes the Commission To Study Children's Mental Health to study the mental health of children in the State and federal and state laws, regulations, rules and policies governing the diagnosis and treatment of children with mental health issues.

Amendment H-246
This amendment incorporates a fiscal note.

LD 40 Chaptered Law
LD 40 Chaptered Law fiscal note
LD 315 Resolve, To Promote Healthy Living in Maine Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-66, tabled to Special Appropriations in the Senate May 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 315
This bill appropriates funds for evidence-based programs to promote healthy living of the State's older adults.

Amendment H-197
This amendment replaces the bill with a resolve that directs the Department of Health and Human Services to establish a 2-year program designed to support and improve the health and well-being of the State's older adults and reduce health care treatment costs by preventing disease, injury and falls. It directs the department to contract for the implementation of this program with one or more community-based organizations that have a demonstrated ability to deliver evidence-based programs to serve older adults statewide, especially in rural, underserved and unserved areas of the State. The amendment describes the criteria that a community-based organization must meet in order to be awarded a contract. It also changes the appropriations and allocations section to indicate that it is one-time funding.

LD 315 fiscal note
LD 315 Amendment H-197 fiscal note
LD 328 An Act To Institute Safe Children Court Team Programs Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, June 3, 2019
LD 328
This bill authorizes the Judicial Department to establish safe children court team programs, modeled on the "Safe Babies Court Team" approach supported by the Quality Improvement Center for Research-based Infant-Toddler Court Teams funded by the United States Department of Health and Human Services, Administration for Children and Families, Children's Bureau. The purpose is to develop a community-based system to provide local systems and services for children and families that interact with the State's child protection system. The core components of such programs are listed

LD 765 Resolve, To Revise Asset Limits for Social Service Programs Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-247, Finally passed, Signed into law May 30, 2019
LD 765
This resolve directs the Department of Health and Human Services to review asset limits for social service programs and revise the limits to increase the effectiveness of the programs.

Amendment H-247
The amendment replaces the resolve. It requires the Department of Health and Human Services to convene a stakeholder group to examine the asset limits for eligibility applied to the elderly low-cost drug program, the Medicare savings program, the Temporary Assistance for Needy Families program and the statewide food supplement program, otherwise known as SNAP. The department and stakeholder group are required to examine the asset limits to determine if they meet the missions of the programs or present barriers and to determine compliance with federal laws and guidelines. The department is required to submit a report, together with its findings, legislative recommendations and any rulemaking activities to the Joint Standing Committee on Health and Human Services no later than December 1, 2019.

LD 765 Chaptered Law
LD 765 Chaptered Law fiscal note
LD 821 Resolve, To Review Case Loads for Child Welfare Caseworkers Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-209, Finally passed as an emergency measure, Signed into law May 21, 2019
LD 821
This bill requires that the Department of Health and Human Services ensure that a caseworker in the Office of Child and Family Services is not assigned a number of cases that exceeds a number established by the department by rule. The number established by the department must be a number recommended by a national organization with expertise in maximum case loads that ensures caseworkers can adequately focus on each case. The bill also provides that the number of caseworkers assigned to any individual support staff may not exceed 8.

Amendment H-209
This amendment replaces the bill. It requires the Department of Health and Human Services to review case load standards for child welfare caseworkers and develop standard case load recommendations with input from child welfare caseworkers and the Public Consulting Group. The Public Consulting Group is currently contracted with the department to evaluate the child welfare program. The department is required to submit a report by October 1, 2019 with its findings and recommendations and then submit annual reports on staffing in the child welfare program in relation to the standard case load recommendations. The reports are submitted to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint legislative committee established to oversee program evaluation and government accountability matters. The amendment adds an emergency preamble and an emergency clause.

LD 821 Chaptered Law
LD 821 Chaptered Law fiscal note
LD 876 Resolve, Directing the Department of Health and Human Services, Office of Substance Abuse and Mental Heath Services To Build Peer Respite Program Capacity in Maine by Implementing at Least One Peer Respite Program Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, June 5, 2019
LD 876
This resolve directs the Department of Health and Human Services, office of substance abuse and mental health services to implement by means of a request-for-proposals process at least one peer respite program in the State to provide a voluntary, short-term residential program designed to support individuals experiencing, or at risk of, a psychiatric crisis.

LD 1038 Resolve, To Convene a Stakeholder Group on Funding and Training for the State's Hazardous Materials Emergency Response Teams and the Acquisition of Equipment Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-319, Enacted, Signed into law June 5, 2019
LD 1038
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to improve the training and retention of oil and hazardous materials emergency response workers and their ability to respond to oil and hazardous materials emergencies by requiring the State to:

  • 1. Pay or waive the fee for workers for the cost of necessary training courses and any materials required for those courses;
  • 2. Compensate workers fairly for the time spent in training courses, while on call and when responding to hazardous materials emergencies; and
  • 3. Purchase hazardous materials emergency response equipment for use by municipalities or reimburse municipalities that purchase hazardous materials emergency response equipment.


Amendment H-319
This amendment replaces the concept draft bill with a resolve. The resolve directs the Director of the Maine Emergency Management Agency within the Department of Defense, Veterans and Emergency Management to convene a stakeholder group to review and make recommendations regarding the funding currently provided to the State's hazardous materials emergency response teams, including the 8 regional response teams and the 7 decontamination strike teams, funding options, the training of the teams and equipment acquisition. The recommendations of the stakeholder group must be compatible with the strategic plan of the State Emergency Response Commission. The director is required to invite to the stakeholder group representatives of the Maine Fire Chiefs' Association, fire chiefs from municipalities with regional response teams and decontamination strike teams and other persons who express interest in the work of the stakeholder group. The amendment directs the director to present the findings and recommendations of the stakeholder group to the Joint Standing Committee on Criminal Justice and Public Safety by November 6, 2019. Following receipt of the report, the Joint Standing Committee on Criminal Justice and Public Safety may report out legislation based on the report to the Second Regular Session of the 129th Legislature.

LD 1038 Chaptered Law
LD 1038 Chaptered Law fiscal note
LD 1039 Resolve, To Establish and Fund Interventions for At-risk Families and Children Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-250, tabled to Special Appropriations in the Senate May 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1039
This resolve requires the Department of Health and Human Services to provide grants to behavioral health providers to fund costs to attract, retain and train new professional employees to provide treatment services known as "functional family therapy - child welfare" and "multisystemic therapy for child abuse and neglect" to children and families involved in the child protective services. The department is required to develop a rate of reimbursement for these services under MaineCare and amend its rules in rule Chapter 101: MaineCare Benefits Manual, Sections 28 and 65 accordingly. The department is required to seek federal funding including under the Family First Prevention Services Act of 2017 for the grants. If federal funding is not available, the department is required to provide grants using general funds.

Amendment H-250
The amendment adds an appropriations and allocations section.

LD 1039 Amendment H-250 fiscal note
LD 1062 An Act To Support Maine Families by Providing for Transportation of Parents and Guardians of MaineCare Recipients under 18 Years of Age to Their Appointments Status: Referred to Health and Human Services Committee, Dead, Concurrence in Ought Not to Pass, June 5, 2019
LD 1062
This bill allows nonemergency medical transportation services that are currently available to MaineCare members for transportation to and from providers of medical services to be used by parents or guardians of MaineCare members under 18 years of age to and from providers of medical services when no other means of transportation is available to the parents or guardians. The bill also requires the Department of Health and Human Services to adopt or amend rules to implement this provision. The Department of Health and Human Services is required to apply for any Medicaid waivers or submit any state plan amendments to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to receive matching funds. In the event that no matching federal funds are available, the Department of Health and Human Services is required to cover the cost using General Fund money.

LD 1135 Resolve, To Increase Funding for Assertive Community Treatment (Emergency) Status: Referred to Health and Human Services Committee, both chambers engrossed with Committee amendment H-253, failed final passage as an emergency measure in the House, May 23, 2019, Senate receded, adopted amendment S-170 to H-253 and engrossed, May 30, 2019, House adopted amendment S-170 and enacted, Senate tabled to Special Appropriations, June 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1135
This resolve requires the Department of Health and Human Services to increase the MaineCare reimbursement rates for assertive community treatment by 25%, contract with a 3rd party to conduct a rate study of reimbursement rates for assertive community treatment and report with findings by January 30, 2020. The department is authorized to set new rates based on the rate study as long as the rates are no lower than those in effect on April 1, 2019.

The resolve also includes an appropriations and allocations section.

Amendment H-253
This amendment, which is the majority report of the committee, amends the resolve to provide that the 25% rate increase for assertive community treatment is ongoing. It removes the directive to the Department of Health and Human Services to contract with a 3rd party to conduct a rate study. It also replaces the appropriations and allocations section to reflect a change in funding.

Amendment S-170
This amendment removes the emergency preamble and emergency clause and removes the fiscal year 2018-19 appropriation and reduces the fiscal year 2019-20 appropriation due to the delayed implementation.

LD 1135 fiscal note
LD 1135 Amendment H-253 fiscal note
LD 1135 Amendment S-170 fiscal note

LD 1137 An Act To Clarify the Background Check Process for Certain Child Care Workers Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1137
This bill removes the requirement that the Department of Health and Human Services, Background Check Center be used to screen prospective employees of child care facilities and family child care providers. Instead, this bill allows the criminal background check used for new and continuing school employees to fulfill the state and federal requirements for a mandatory criminal background check for a person who provides child care in a child care facility, a family child care provider and a person who provides day care in that person's home for one or 2 children whose care is paid for by state or federal funds.

LD 1140 An Act To Improve the Investigation and Prosecution of Sexual Assault Cases Status: Referred to Criminal Justice and Public Safety Committee, Enacted, Signed into law May 8, 2019
LD 1140
This bill requires a law enforcement agency, within 60 days of receiving a complaint for an alleged sexual assault, to inform the appropriate prosecutor of any evidence and submit the complaint to the appropriate prosecutor for review and a decision by the prosecutor regarding further investigation and commencement of prosecution. Failure of a law enforcement agency to do so does not affect the validity of a later submission and prosecution.

LD 1140 Chaptered Law
LD 1140 Chaptered Law fiscal note
LD 1247 Resolve, To Clarify the Good Cause and Sanction Process in the Temporary Assistance for Needy Families and Additional Support for People in Retraining and Employment Programs Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-408, Finally passed, Signed into law June 6, 2019
LD 1247
This resolve directs the Department of Health and Human Services to amend its rules to include a Temporary Assistance for Needy Families program participant's attendance at the medical and mental health appointments of the participant's children as a life management skill and job readiness activity.

Amendment H-408
This amendment replaces the resolve and changes the title. It requires the Department of Health and Human Services to amend its rules to establish a process for a participant in the Temporary Assistance for Needy Families or Additional Support for People in Retraining and Employment - Temporary Assistance for Needy Families program who fails to comply with a program requirement with an opportunity to claim good cause and receive a determination from the department in response to that claim.

LD 1247 Chaptered Law
LD 1247 Chaptered Law fiscal note
LD 1377 An Act To Enhance and Improve the Maine Developmental Services Oversight and Advisory Board and To Establish the Aging and Disability Mortality Review Panel Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-604, tabled to Special Appropriations in the Senate June 18, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1377
This bill establishes the Panel To Review Deaths of and Serious Injuries to Persons with Intellectual Disabilities or Autism. The panel consists of 14 members, including a panel coordinator who is an employee of the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is a registered nurse. The panel coordinator must review all cases of death of and serious injury to persons with intellectual disabilities or autism receiving adult developmental services and determine those that require further review by the panel. Other individuals may refer cases to the panel, and the panel may choose additional cases from the list of cases provided by the panel coordinator. The panel has access to records necessary for the review. The panel must provide reports to the Commissioner of Health and Human Services and the Maine Developmental Services Oversight and Advisory Board with findings and recommendations. The panel is required to provide reports to the Legislature on an annual basis and may provide trend analyses to the Legislature as necessary. Legislative reports are public documents.

The bill also makes changes to the laws governing the Maine Developmental Services Oversight and Advisory Board, including the following. It requires disclosure of final reports of investigations pursuant to the Adult Protective Services Act to the board and to the guardian of the person receiving adult developmental services who is the subject of the investigation. It provides the executive director with direct access to client records maintained by the Department of Health and Human Services and to medical examiner reports and records of department investigations into suspicious deaths of persons with intellectual disabilities or autism. It shifts administration of the board's budget to the Department of Administrative and Financial Services. It clarifies the appointment process for members of the board.

Amendment H-604
This amendment replaces the bill. It establishes the Aging and Disability Mortality Review Panel to review deaths of and serious injuries to all adults receiving home-based and community-based services under a waiver approved by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services rather than a panel to review only deaths of or injuries to adults with intellectual disabilities or autism. It removes most of the changes to the Maine Developmental Services Oversight and Advisory Board in the bill. It keeps the provisions related to moving the budget of the board from the Department of Health and Human Services to the Department of Administrative and Financial Services and related to the disclosure of adult protective investigations of individuals with intellectual disabilities or autism to the board.

The amendment also adds an appropriations and allocations section.

LD 1377 Amendment H-604 fiscal note

LD 1378 An Act To Ensure the Provision of Medical Assessments for Youth in Foster Care Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-215, Enacted, Signed into law May 28, 2019
LD 1378
This bill requires that, when a child is ordered into the custody of the Department of Health and Human Services, the department must provide to the foster home in which the child is placed an overview of the child's medical condition and the name and contact information of the child's health care provider at the time of placement, if known. The bill also requires the department to ensure that a child receives an appointment for a medical examination within 3 working days of when the department's custody commences, instead of within 10 days as in current law, and requires that the department inform the foster parent of the appointment.

Amendment H-215
This amendment, which is the unanimous report of the committee, replaces the bill. It clarifies that the Department of Health and Human Services shall ensure that a child ordered into its custody receives a medical examination by a licensed physician or nurse practitioner within 10 working days after the department's custody of the child commences. It requires the department to adopt routine technical rules that allow for reimbursement under MaineCare for a comprehensive medical, dental, educational and behavioral assessment, which includes obtaining relevant records, when a child enters the custody of the department.

LD 1378 Chaptered Law
LD 1378 Chaptered Law fiscal note
LD 1809 Resolve, To Increase Funding for Evidence-based Therapies for Treating Emotional and Behavioral Problems in Children (Emergency) Status: Referred to Health and Human Services Committee, Engrossed in both chambers as amended by Committee amendment H-500, Finally passed as an emergency measure in both chambers June 19, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 1809
This resolve requires the Department of Health and Human Services to increase reimbursement rates for multisystemic therapy, multisystemic therapy for problem sexualized behavior and functional family therapy by 20% until June 30, 2020. It requires the department to contract for a 3rd-party rate study of the reimbursement rates for those therapies, including developing a rate set on a per case per week basis rather than the current 15-minute increments. The rate study must also take into account the costs to providers of delivering the services, including additional training, and maintenance of fidelity to the treatment models. The rate study must be completed no later than December 1, 2019. The department must submit a report on the results of the study to the Joint Standing Committee on Health and Human Services no later than January 30, 2020. The department is authorized to implement new rates through rulemaking as long as the rates are no lower than those that exist on April 1, 2019 and the rates are approved by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services.

Amendment H-500
This amendment adds an appropriations and allocations section.

LD 1809 fiscal note
LD 1809 Amendment H-500 fiscal note
LD 1792 An Act To Ensure Compliance with Federal Family First Prevention Services Legislation Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-611, Enacted, Signed into law June 19, 2019
LD 1792
This bill requires the Department of Health and Human Services to adopt rules for children's residential care facilities that include procedures for fingerprint-based background checks and child abuse and neglect registry checks for all staff working in the facility to ensure compliance with the requirements governing fingerprint-based background checks contained in federal family first prevention services legislation.

Amendment H-611
This amendment strikes and replaces the bill to be consistent with criminal history record check practices. It incorporates provisions that address existing technical conflicts in the criminal history record check statutes. It also defines "staff member" to allow fingerprinting of applicants for employment as well as employees of children's residential care facilities.

LD 1792 Chaptered Law
LD 1792 Chaptered Law fiscal note
LD 3 An Act To Enhance and Increase the Availability of Mental Health Providers in Maine (Emergency) Status: Referred to Innovation, Development, Economic Advancement and Business Committee, Dead, Joint rule 310.3, May 28, 2019
LD 3
This bill establishes and provides funding for the Maine Mental Health Providers Loan Repayment Program to be administered by the Finance Authority of Maine. Under the program, all social workers licensed by the State Board of Social Worker Licensure and all counselors licensed by the Board of Counseling Professionals Licensure may apply for student loan repayment assistance, as long as the applicants agree to practice for 5 years in one of a list of underserved practice areas in the State. The bill also repeals the currently unfunded Social Work Education Loan Repayment Program in the Maine Revised Statutes.

LD 22 An Act To Exempt from Taxation Sales to Small Nonprofit Organizations Status: Referred to Taxation Committee, Dead, Joint rule 310.3, April 16, 2019
LD 22
This bill provides a sales tax exemption and a service provider tax exemption for incorporated nonprofit organizations with annual gross receipts of less than $40,000.

LD 45 An Act To Amend the Law Regarding Maine's Background Check Center Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 45
This bill grants the Department of Health and Human Services the authority to request state and national criminal history records, including fingerprint-based criminal history records, for direct access workers undergoing a background check under the Maine Background Check Center Act.

LD 142 An Act To Increase Funding for the Fund for a Healthy Maine To Reduce Smoking Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, April 23, 2019
LD 142
This bill adjusts funding between the Maine Center for Disease Control and Prevention program and the Medical Care - Payments to Providers program in the Fund for a Healthy Maine within the Department of Health and Human Services to fund tobacco cessation services.

LD 153 An Act To Strengthen Testing for Lead in School Drinking Water Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-84, Enacted, Signed into law May 28, 2019
LD 153
This bill requires all schools to test water used for drinking or culinary purposes for lead using water testing kits or by submitting samples of water to an approved laboratory for lead testing. It directs the Department of Health and Human Services to establish by major substantive rule water lead levels, testing protocols, appropriate abatement and mitigation methods and public notification requirements. It directs the department to provisionally adopt major substantive rules and submit them to the Legislature no later than 5:00 p.m. on January 10, 2020. It provides that the department has the authority to issue an order reducing exposure to lead until the elevated water lead levels are abated or mitigated. It provides that water lead abatement or mitigation efforts will receive Priority 1 status for receipt of funds from the School Revolving Renovation Fund in the custody of the Maine Municipal Bond Bank.

Amendment S-84
This amendment, which is the majority report of the committee, amends the bill to provide that the State is not establishing a mandate on school administrative units. It provides that a school must test water used for drinking or culinary purposes for lead to the extent the Department of Health and Human Services provides the necessary resources to the school so that the school is not required to expand or modify its activities so as to necessitate additional expenditures from local revenue. It directs the department to adopt rules regarding testing and guidance to reduce exposure to lead but provides that the department may not require a school to expand or modify its activities so as to necessitate additional expenditures from local revenue in implementing the rules. It further provides that the department may provide resources to schools within its existing resources or identify alternative means to achieve the purposes of the legislation. It requires the Department of Health and Human Services to report annually beginning January 1, 2021 on lead testing in schools.

LD 153 Chaptered Law
LD 153 Chaptered Law fiscal note
LD 164 An Act To Reduce Property Taxes for Maine Residents Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment S-231, tabled to Special Appropriations in the Senate June 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 164
This bill increases the total exemption under the Maine resident homestead property tax exemption program to $50,000 for property tax years beginning on or after April 1, 2020. This bill also increases state reimbursement to municipalities for homestead property tax exemptions from 62.5% to 100% for property tax years beginning on or after April 1, 2020.

Amendment S-231
This amendment increases the homestead property tax exemption to $30,000 instead of $50,000 as in the bill and requires municipalities to include a statement on tax bills regarding the availability of the homestead tax exemption and providing information on how to apply. The amendment also adds an appropriations and allocations section.

LD 164 Amendment S-231 fiscal note
LD 167 An Act To Prevent Food Shaming in Maine's Public Schools Status: Referred to Education and Cultural Affairs Committee, Amended by Committee amendment H-91, Enacted, Signed into law April 26, 2019
LD 167
This bill does the following.
  • 1. It requires a public school that provides free and reduced-price meals or other meals to students pursuant to the Maine Revised Statutes, Title 20-A, chapter 223, subchapter 7 or otherwise provides to students meals eligible for reimbursement under a program administered by the United States Department of Agriculture to provide such a meal to a student who requests the meal and is otherwise eligible for the meal regardless of the student's inability to pay for the school meal or failure in the past to pay for school meals. It also requires the school to take certain actions to assist the parent or guardian of a student who requests such a meal.
  • 2. It prohibits a public school from punishing a student in certain ways solely because of the student's inability to pay for a meal or because of any payments due for previous meals. It also prohibits a public school from refusing a meal to a student as a form of or as part of a disciplinary action.
  • 3. It prohibits a public school from openly identifying or stigmatizing a student who cannot pay for a meal or who has payments due for previous meals by requiring the student to wear a wristband, hand stamp or other identifying mark or sign noticeable by others.
  • 4. It requires a public school to communicate about a student's meal debts directly to the parent or guardian of the student rather than to the student. A public school may ask a student to carry to the student's parent or guardian a letter regarding a student's meal debt.


Amendment H-91
This amendment does the following.
  • 1. It strikes the requirement that a school take certain actions to assist the parent or guardian of a student who requests a meal.
  • 2. It retains the prohibition that a public school may not openly identify or stigmatize a student who cannot pay for a meal or who has payments due for previous meals but strikes specific examples of ways students could be stigmatized.
  • 3. It provides that a public school's communication about a student's meal must be made to the parent or guardian of the student rather than to the student directly except that, if the student inquires about the student's meal debt, the school may answer the student's inquiry.
  • 4. It requires the Department of Education to develop guidance for school administrative units relating to the collection of student meal debt, including, but not limited to, best practices and information on how to create an online system for the payment of student meal debt. The amendment requires the department to post this information on its publicly accessible website.
  • 5. It adds a mandate preamble.


LD 167 Chaptered Law
LD 167 Chaptered Law fiscal note
LD 187 An Act To Restore the Laws Governing the Reunification of Parents and Children Status: Referred to Judiciary Committee, Dead, Non-concurrence, June 12, 2019
LD 187
Recently enacted law eliminated language that established as a priority under the Child and Family Services and Child Protection Act family rehabilitation and reunification. This bill restores family rehabilitation and reunification as a priority under the laws governing child protective services.

LD 195 An Act To Continue MaineCare Coverage for Parents During the Rehabilitation and Reunification Process Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-133, Enacted, Became law without the Governor's signature May 19, 2019
LD 195
This bill requires the Department of Health and Human Services to submit a waiver request no later than January 1, 2020 to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to implement the provisions of this bill that require the department to continue to provide MaineCare coverage to a parent who is a MaineCare member and who is participating in rehabilitation and reunification efforts in accordance with a rehabilitation and reunification plan. The department is required to take all reasonable and necessary steps to seek approval of the waiver. Upon approval of the waiver, the department is directed to adopt rules no later than 180 days after receiving approval. The department is required to report its progress in seeking a waiver and implementing rules on a quarterly basis beginning October 1, 2019 until the process is complete.

Amendment H-133
This amendment clarifies that parents who are eligible for the MaineCare program prior to having their minor children removed from the home remain eligible for the MaineCare program if they are engaged in rehabilitation and reunification efforts regardless of any other provision of law. The reference in the bill did not account for new eligibility under Initiated Bill 2017, chapter 1. The amendment also requires the Department of Health and Human Services to provide an annual report, beginning in 2021, on the number of individuals and families who benefit from this provision.

LD 195 Chaptered Law
LD 195 Chaptered Law fiscal note
LD 199 An Act To Create the Water Resources Planning Committee Status: Referred to Agriculture, Conservation and Forestry Committee, Enacted, Signed into law April 30, 2019
LD 199
This bill estsablishes the Water Resources Planning Committee within the Department of Agriculture, Conservation and Forestry. The bill describes requirements related to committee membership, meetings and reporting. It details 3 phases on which the committee is required to focus effort. It also requires the committee to conduct an annual review of state policy in regard to water resources, provide guidance to municipalities and develop and disseminate educational materials on water resources and the regulatory regime.

LD 199 Chaptered Law
LD 199 Chaptered Law fiscal note
LD 230 An Act To Improve Access to Preventive, Cost-saving Dental Services Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 7, 2019
LD 230
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to establish a managed care dental services program within the MaineCare program. It also proposes to provide coverage under the MaineCare program for adult preventive dental services and comprehensive dental services.

LD 232 An Act To Change the Process by Which Designated Nonstate Mental Health Institutions Petition the District Court To Admit Certain Patients to a Progressive Treatment Program Status: Referred to Health and Human Services Committee, Work session held, May 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 232
This bill changes the process by which a petition to the District Court is made to admit a patient at a designated nonstate mental health institution to a progressive treatment program. Current law provides that the superintendent or chief administrative officer of a psychiatric hospital, including a designated nonstate mental health institution, directly petition the District Court. This bill provides that the superintendent or chief administrative officer of a designated nonstate mental health institution request the Commissioner of Health and Human Services to petition the District Court on the superintendent's or chief administrative officer's behalf.

LD 234 Resolve, To Increase Certain Chiropractic Reimbursement Rates under the MaineCare Program Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-22, tabled to Special Appropriations in the Senate April 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 234
This bill requires the Department of Health and Human Services, by January 1, 2020, to amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 15 to increase reimbursement rates for chiropractic services for manipulative treatments under procedure codes 98940, 98941 and 98942 to no less than 70% of the federal Medicare reimbursement rate for these services as long as the rate is no lower than the rate reimbursed as of January 1, 2019. If the department conducts a rate study of chiropractic services for manipulative treatments, the department may adopt new rates. The rules adopted are routine technical rules.

Amendment H-22
This amendment, which is the majority report of the committee, amends the appropriations and allocations section of the bill to reflect a more accurate estimate of the cost of the bill.

LD 234 fiscal note
LD 234 Amendment H-22 fiscal note
LD 240 An Act To Allow Public Employers of Teachers to Negotiate Regarding Planning and Preparation Periods Status: Dead, Referred to Labor and Housing Committee, Amended by Committee amendment H-518, Enacted, Vetoed, Veto sustained in the House, June 19, 2019
LD 240
This bill allows, but does not require, public employers of teachers to negotiate with respect to educational policies.

Amendment H-518
This amendment specifies that planning and preparation periods are mandatory items of collective bargaining and may not be considered matters of educational policy exempted from mandatory collective bargaining.

LD 240 Amendment H-518 fiscal note
LD 284 An Act To Improve Care Provided to Forensic Patients Status: Referred to Health and Human Services Committee, Work session held, May 2, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 284
This bill establishes a residential forensic step-down facility, which provides treatment of forensic patients who no longer require hospital level care but cannot be safely treated in a community setting, in Augusta in the Capitol Area. It authorizes the Commissioner of Health and Human Services to maintain and operate the 21-bed forensic step-down facility. It provides that the facility must be licensed and that the Department of Health and Human Services must adopt rules that apply specifically to the licensure of a forensic step-down facility and that include the admission and discharge standards of the facility, the staffing model, security, patients' access to treatment and patient rights protections. It requires that the department provisionally adopt rules to implement the licensure of the forensic step-down facility no later than January 11, 2020. It creates an advisory committee to participate in and guide the planning process for the facility and to report to the Joint Standing Committee on Health and Human Services. It authorizes the committee to report out a bill based on the advisory committee's report. It requires the department to report to the committee on the progress of creating the facility and developing rules. It provides that the transfer of a forensic patient into the forensic step-down facility must be approved by a court of appropriate jurisdiction. It includes the forensic step-down facility in the Maine Revised Statutes, Title 34-B, chapter 1 as a "state institution."

LD 329 An Act To Exempt from Criminal Liability Persons Reporting a Drug-related Medical Emergency Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-178, Enacted, Signed into law May 23, 2019
LD 329
This bill exempts from arrest or prosecution a person who in good faith seeks medical assistance for another person experiencing a drug-related overdose or who is experiencing a drug-related overdose and is in need of medical assistance. The person may not be arrested or prosecuted for a violation of laws prohibiting the possession of scheduled drugs, acquiring drugs by deception, the possession of hypodermic apparatuses and the use of drug paraphernalia or a violation of probation if the grounds for arrest or prosecution are obtained as a result of the person's seeking medical assistance or experiencing a drug-related overdose.

Amendment H-178
This amendment incorporates a fiscal note.

LD 329 Chaptered Law
LD 329 Chaptered Law fiscal note
LD 359 An Act To Address Student Hunger with a "Breakfast after the Bell" Program Status: Referred to Education and Cultural Affairs Committee, both chambers engrossed as amended by Committee amendment S-78 and Senate amendment S-100, Enacted in the House May 23, 2019, tabled to Special Appropriations in the Senate, May 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 359
This bill requires a school administrative unit with a public school in which at least 50% of students qualified for a free or reduced-price lunch during the preceding school year to operate an alternative breakfast delivery service that provides breakfast after the start of the school day for students at that public school. It also provides a process for a school administrative unit to opt out of the alternative breakfast delivery service. This bill requires the Department of Education to adopt rules to develop an application process and to adopt standards to address evaluation criteria based on need for funding assistance for alternative breakfast delivery services in school administrative units. It also requires the department to develop a means to track health and academic outcomes of students and schools that participate in alternative breakfast delivery services.

Amendment S-78
The bill requires a school administrative unit with a public school in which at least 50% of students qualified for a free or reduced-price lunch during the preceding school year to operate an alternative breakfast delivery service.

This amendment, which is the majority report, clarifies that the alternative breakfast delivery service provides breakfast after the start of the school day and before any lunch period in the school begins for students at that public school. The amendment also provides that a school administrative unit or a public school in which at least 70% of students who are eligible for free and reduced-price meals participate in the breakfast program is exempt from the requirement of providing an alternative breakfast delivery service. The amendment revises the process as proposed in the bill for a school administrative unit to opt out of the alternative breakfast delivery service. The amendment also provides for procedures to track health and academic outcomes of students.

Amendment S-100
This amendment provides funding for the so-called "breakfast after the bell" program for fiscal years 2019-20 and 2020-21, and removes the indication of ongoing funding. This amendment also specifies that the funds provided do not lapse but are carried forward.

LD 359 Amendment S-78 fiscal note
LD 359 Amendment S-100 fiscal note
LD 399 An Act To Align Wages for Direct Care Workers for Persons with Intellectual Disabilities or Autism with the Minimum Wage Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-412, tabled to Special Appropriations in the Senate June 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 399
This bill specifies that the MaineCare reimbursement rate for direct care workers for adults with intellectual disabilities or autism must be at least 125% of the state minimum wage.

Amendment H-412
This amendment, which is the minority report of the committee, adds an appropriations and allocations section to the bill.

LD 399 fiscal note
LD 399 Amendment H-412 fiscal note
LD 414 An Act To Provide Intensive Case Managers to Counties That Do Not Have County Jails or Regional Jails Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-196, tabled to Special Appropriations in the Senate May 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 414
This bill directs the Department of Health and Human Services to create additional intensive case manager positions so that counties that do not have a county jail or regional jail will have an intensive case manager. An intensive case manager oversees persons who are detained by a law enforcement officer and who have intellectual disabilities or mental health conditions or have misused substances and connects them to the services for which they qualify, works with the court system to ensure that they receive due process and speedy trials and assists persons who qualify for the MaineCare program to apply for and receive MaineCare benefits and services while being detained or incarcerated, including during the implementation of diversion and reentry plans.

Amendment H-196
This amendment, which is the unanimous report of the committee, replaces the bill. It provides funding for 4 additional Intensive Case Manager positions in the Department of Health and Human Services.

LD 414 Amendment H-196 fiscal note
LD 433 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Explicitly Prohibit Discrimination Based on the Sex of an Individual Status: Referred to Judiciary Committee, both chambers accepted Majority Committee report, Ought to Pass as amended by Committee amendment H-230 and engrossed, May 23, 2019, House tabled pending final passage, May 28, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 433
This resolution proposes to amend the Constitution of Maine to prohibit the denial or abridgment by the State or any political subdivision of the State of equal rights based on the sex of an individual.

Amendment H-230
This amendment is the majority report of the committee. This amendment incorporates a fiscal note.

LD 433 Amendment H-230 fiscal note
LD 434 An Act To Price Carbon Pollution in Maine Status: Referred to Energy, Utilities and Technology Committee, Dead, Joint rule 310.3, May 2, 2019
LD 434
This bill requires an assessment on the carbon content of fuels sold by a distributor in the State. The bill defines "distributor" and requires a distributor to submit on a monthly basis the required assessment to the Public Utilities Commission. The commission is required to transfer any assessment it receives to the Carbon Content Assessment Fund, which the bill establishes. The bill requires the commission at the end of each fiscal year to transfer funds from the fund to transmission and distribution utilities in the State. The funds are to be used to reduce the rates of those utilities' customers in a manner that is equitable and that provides maximum benefit to the economy of the State. The bill gives the commission the authority to review the books and records of a distributor and to impose an administrative penalty if necessary. It requires the commission to adopt routine technical rules.

LD 444 An Act To Fully Restore Revenue Sharing (Emergency) Status: Referred to Taxation Committee, Dead, Joint rule 310.3, April 30, 2019
LD 444
This bill restores state-municipal revenue sharing to 5% from 2% 3 months earlier than currently provided in law.

LD 459 An Act Regarding Presumptive Eligibility and Homelessness under the General Assistance Laws Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-215 and Senate amendment S-363, Enacted, Signed into law July 2, 2019
LD 459
This bill defines "homelessness" for the purposes of the laws governing general assistance and specifies that a person experiencing or facing homelessness who meets the conditions for receiving emergency assistance in current law is eligible for emergency general assistance.

Amendment S-215
This amendment, which is the majority report of the committee, changes the definition of "homelessness" in the bill to remove references to a need for permanent or safe housing. It adds a requirement for the Department of Health and Human Services to reimburse a municipality 100% of direct general assistance costs after a person has spent 90 consecutive nights homeless or in an emergency shelter for the homeless. It also establishes presumptive eligibility for general assistance for 30 days for persons who are provided shelter at emergency shelters for the homeless and specifies that no other municipality may be determined to be the municipality of responsibility during that 30-day period. It also requires the Department of Health and Human Services to establish a work group of stakeholders to examine the municipal general assistance program and report findings to the Joint Standing Committee on Health and Human Services no later than January 2, 2020.

Amendment S-363
This amendment removes the language requiring the Department of Health and Human Services to reimburse a municipality 100% of direct general assistance costs after a person has spent 90 consecutive nights homeless or living in an emergency shelter for the homeless.

LD 459 Chaptered Law
LD 459 Chaptered Law fiscal note
LD 471 An Act To Amend the Child and Family Services and Child Protection Act To Require the Department of Health and Human Services To Make Best Efforts To Prevent Removal of a Child from a Home Status: Referred to Judiciary Committee, Dead, Joint rule 310.3, June 3, 2019
LD 471
This bill amends the Child and Family Services and Child Protection Act to require that best efforts, rather than reasonable efforts, be made by the Department of Health and Human Services to rehabilitate and reunify families as a means of protecting the welfare of children.

LD 511 An Act To Create an Alzheimer's Disease and Dementia Coordinator Position within the Department of Health and Human Services Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-159, tabled to Special Appropriations in the Senate May 8, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 511
This bill establishes a position within the Department of Health and Human Services, office of aging and disability services for coordinating programs and services to Maine's population with Alzheimer's disease and other dementias across departments and branches of State Government. The coordinator is required to implement recommendations developed by the United States Department of Health and Human Services, Centers for Disease Control and Prevention and national organizations such as the Alzheimer's Association and plans developed by the Department of Health and Human Services relating to Alzheimer's disease and other dementias. The department is required to submit an annual report to the joint standing committee of the Legislature having jurisdiction over health and human services matters outlining the activities and progress of the coordinator and the department. The bill includes funding for the coordinator position.

Amendment H-159
This amendment replaces references to "Alzheimer's disease and other dementias" from the bill and uses the term "dementia" instead. It also clarifies that the coordinator oversees the implementation of any state or federal plans related to dementia and that programs and services are for both individuals with dementia and their families.

LD 511 fiscal note
LD 511 Amendment H-159 fiscal note
LD 539 Resolve, To Ensure Appropriate Personal Needs Allowances for Persons Residing in Long-term Care Facilities Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-131, tabled to Special Appropriations in the Senate May 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 539
This resolve directs the Department of Health and Human Services to amend its MaineCare rules to provide for increases in the personal needs allowances of residents in nursing facilities and residential care facilities. The rules are designated as routine technical rules.

Amendment H-131
This amendment increases the personal needs allowance for residents of nursing facilities to $50 rather than the $70 required in the resolve. It removes the section of the resolve that increases the personal needs allowance for residents of residential care facilities. The amendment also specifies the rule chapter of the Department of Health and Human Services that is changed, changes the title of the resolve and adds an appropriations and allocations section.

LD 539 Amendment H-131 fiscal note
LD 578 Resolve, To Create a Pilot Program To Assist the Transition to Recovery of Persons Suffering from Opioid Use Disorder Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, April 23, 2019
LD 578
This resolve directs the Commissioner of Health and Human Services to develop a pilot program designed to assist the transition to recovery of persons suffering from opioid use disorder. The resolve directs the commissioner, by December 2, 2020, to submit a written report to the joint standing committee of the Legislature having jurisdiction over health and human services matters summarizing the results of the pilot program, together with any recommendations for continuation of the program, and authorizes the joint standing committee to submit a bill relating to the subject matter of the report to the First Regular Session of the 130th Legislature.

LD 593 Resolve, To Stabilize the Behavioral Health Workforce and Avert More Expensive Treatments (Emergency) Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-143, tabled to Special Appropriations in the Senate June 4, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 593
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.

Amendment S-143
This amendment, which is the majority report of the committee, updates the appropriations and allocations section to reflect a more recent estimate of the cost.

Amendment S-161
This amendment removes the emergency preamble and clause and changes the date by which the Department of Health and Human Services must amend its rule.

LD 593 fiscal note
LD 593 Amendment S-143 fiscal note
LD 593 Amendment S-161 fiscal note
LD 615 An Act To Protect the Integrity of the MaineCare Program Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-306, Enacted, Became law without the Governor's signature June 11, 2019
LD 615
This bill provides that, without authorization from the Legislature by proper enactment of a law, the Department of Health and Human Services may not implement changes in the Medicaid program or the federal State Children's Health Insurance Program that significantly change enrollment in the program, the category or scope of covered services or the funding mechanisms for the program, unless required by federal law.

Amendment H-306
This amendment, which is the unanimous report of the committee, adds language describing the situations in which the Department of Health and Human Services may not implement changes in the Medicaid program or the federal State Children's Health Insurance Program without proper authorization from the Legislature.

LD 615 Chaptered Law
LD 615 Chaptered Law fiscal note
LD 628 An Act To Ensure Comprehensive Access to Menstrual Products in All Maine's Jails, County Correctional Facilities and State Correctional and Detention Facilities Status: Referred to Criminal Justice and Public Safety Committee, Amended by Committee amendment H-176, Enacted, Signed into law May 23, 2019
LD 628
This bill adds to the rights of a person residing in a correctional or detention facility under the jurisdiction of the Department of Corrections the right to comprehensive access to menstrual products, including sanitary pads, tampons and menstrual cups, provided without charge to a female person residing in the correctional or detention facility.

This bill provides that any female person incarcerated in a jail or other county correctional facility has a right to comprehensive access to menstrual products, including, but not limited to, sanitary pads, tampons and menstrual cups, without charge to the incarcerated person.

Amendment H-176
This amendment is the majority report of the committee. The amendment changes the person entitled to menstrual products from a female person to a person who menstruates. The amendment removes menstrual cups from the products in the bill that are required to be provided. The amendment requires that products, including but not limited to sanitary pads and tampons, be provided and available at all times and without inconvenience to the person who resides in the jail, county correctional facility or state correctional or detention facility.

LD 628 Chaptered Law
LD 628 Chaptered Law fiscal note

LD 632 An Act To Promote Free, Appropriate Public Education Status: Referred to Education and Cultural Affairs Committee, Dead, Joint rule 310.3, May 30, 2019
LD 632
This bill eliminates the provision that requires the Child Development Services System to provide free, appropriate public education to a preschool child with disabilities who reaches 5 years of age between July 1st and October 15th if the child's individualized education program team determines that it is in the best interest of the child to delay enrollment in kindergarten for one year.

LD 633 An Act To Create a Permanent Navigator Position within the Department of Health and Human Services Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-195, tabled to Special Appropriations in the Senate May 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 633
This bill requires the Commissioner of Health and Human Services to appoint one person to administer all issues related to the placement of a child with a relative.

Amendment H-195
This amendment, which is the unanimous report of the committee, replaces the bill. It establishes within the Department of Health and Human Services the kinship care navigator program to provide resources and information to persons providing kinship care to children in the State. It requires the Commissioner of Health and Human Services to designate one person to administer the program. It also adds an appropriations and allocations section.

LD 633 fiscal note
LD 633 Amendment H-195 fiscal note
LD 683 An Act To Provide Social Workers to Persons with Mental Illness to Help Them Avoid Incarceration Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, April 23, 2019
LD 683
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to provide social workers to persons with mental illness who are in crisis or pose a threat to themselves or others in order for them to avoid incarceration and protect their safety and the safety of others.

LD 692 Resolve, To Address Reimbursement Rates for Licensed Clinical Social Workers under MaineCare Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-407, tabled to Special Appropriations in the Senate June 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 692
This resolve directs the Department of Health and Human Services to amend its rule Chapter 101: MaineCare Benefits Manual, Chapter III to increase reimbursement rates for counseling services provided by licensed clinical social workers to no less than the lowest reimbursement rate for the same counseling services paid by an insurance carrier licensed in this State. The rules are routine technical rules and must be amended no later than January 1, 2020.

Amendment H-407
This amendment specifies that the services provided by independent licensed clinical social workers are provided under Section 65 of rule Chapter 101: MaineCare Benefits Manual, Chapter III. Rather than increasing rates to the lowest reimbursement rate for the same service paid by an insurance carrier licensed in Maine, the amendment increases rates to 70% of the Medicare rate for the closest equivalent service, since there is no exact equivalent rate under Medicare. The amendment also adds an appropriations and allocations section.

LD 692 fiscal note
LD 692 Amendment H-407 fiscal note
LD 706 An Act To Reduce the Incidence of Obesity and Chronic Disease in the State Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-33, tabled to Special Appropriations in the Senate April 23, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 706
This bill provides for reimbursement under the MaineCare program for medical nutritional therapy and prescription drug therapy.

Amendment S-33
This amendment, which is the unanimous report of the committee, amends the bill by changing the term "medical nutritional therapy" to "medical nutrition therapy" to accurately reflect common usage of the term. It adds physician assistants to the group of medical providers authorized to provide medical nutrition therapy that is reimbursable under MaineCare. It clarifies that medical nutrition therapy is reimbursable by MaineCare in any setting in which the authorized medical provider practices. It also removes the provisions of the bill that provide for the reimbursement under the MaineCare program for certain prescription drugs to treat obesity.

LD 706 Amendment S-33 fiscal note
LD 717 An Act To Provide Comprehensive Mental Health Treatment Reform Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 717
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to create a seamless crisis services system that allows high-risk patients timely access to inpatient care and to increase communication within the crisis services system to better manage patients after discharge. The purpose of this bill is to save lives and improve the overall quality and integrity of the crisis services system by:

  • 1. Creating a single point of entry for a high-risk patient by designating an independent entity of a hospital to provide clinical assessment of the patient and determine whether the patient meets inpatient criteria of care;
  • 2. Adopting universal criteria under which priority admission for a patient is based on acuteness of crisis and length of stay in an emergency room;
  • 3. Requiring hospitals to communicate with and make referrals to community providers for aftercare within 24 hours following discharge from the emergency room or inpatient treatment when patients are most at risk of suicide; and
  • 4. Exploring further significant upgrades, access and training in developing prevention and post-intervention services with the goal of avoiding hospitalization of patients with mental illness who are not in need of psychiatric hospitalization and can be stabilized in the community.


LD 738 Resolve, Directing the Commissioner of Health and Human Services To Convene a Study Group To Review the Crisis Response System in the State Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 738
This resolve requires the Commissioner of Health and Human Services to convene a study group of interested parties to review the crisis response system in the State. The study group is required to submit its report, including any recommended legislation, to the Joint Standing Committee on Health and Human Services no later than December 15, 2019. The joint standing committee may submit legislation related to the report to the Second Regular Session of the 129th Legislature.

LD 775 Resolve, To Direct the Department of Health and Human Services To Amend Its Rules for Eligibility for Community Support Services Status: Referred to Health and Human Services Committee, Engrossed in both chambers as amended by Committee amendment H-403, Enacted in both chambers June 18, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 775
This bill directs the Department of Health and Human Services to amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services to include access to services to persons who have a diagnosis of bipolar disorder, major depressive disorder, panic disorder or post-traumatic stress disorder.

Amendment H-403
This amendment, which is the majority report of the committee, strikes and replaces the bill with a resolve. It directs the Department of Health and Human Services to amend its rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 17, Community Support Services concerning eligibility criteria for services under that section. It requires the department to report to the Joint Standing Committee on Health and Human Services by January 15, 2020 on the rulemaking process, proposed and provisionally adopted rules and justification for the adoption of the proposed rules. It authorizes the committee to report out legislation regarding the subject matter of the rules.

LD 775 Amendment H-403 fiscal note
LD 793 An Act To Improve Accountability of Opioid Manufacturers Status: Referred to Judiciary Committee, Enacted in both chambers as amended by Committee amendment S-320 and Senate amendment S-321, June 19, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 793
This bill prohibits opioid medication manufacturers and distributors from falsely advertising that an opioid medication does not have abuse liability or has a lower abuse liability than another opioid medication; distributing a quantity of opioid medications that is not medically reasonable; or failing to report orders that are not medically reasonable. It establishes a civil violation and authorizes the Attorney General to investigate violations. It creates a fund into which the penalties and fees must be paid. This legislation applies retroactively to January 1, 1985.

Amendment S-320
This amendment replaces the bill.

The amendment raises the annual fee for a manufacturer of opioid medication to $55,000. The amendment establishes a registration fee due from manufacturers of opioid medications of $250,000 if the manufacturer sells, delivers or distributes 2,000,000 or more units of an opioid medication within this State, not including units that are prescribed for the purpose of medication-assisted treatment of substance use disorder. The fees are deposited into the Opioid Use Disorder Prevention and Treatment Fund, which is established to provide opioid use disorder prevention and treatment services and administered by the Department of Health and Human Services.

The amendment also requires manufacturers and wholesale distributors of opioid medications to provide to the State the same information as provided to the United States Drug Enforcement Administration under its Automation of Reports and Consolidated Orders System regarding controlled substances transactions in this State on the same schedule that information is provided to the Federal Government.

The amendment requires the Maine Board of Pharmacy to evaluate and report whether the fees have affected the prescribing practices for opioid medications by reducing the number of opioid medication prescriptions issued during calendar years 2020, 2021 and 2022 or whether the fees have created any unintended consequences in the availability of opioid medications for the treatment of chronic or intractable pain, to the extent the board has the ability to identify a correlation. The board shall provide the report to the joint standing committee of the Legislature having jurisdiction over health and human services matters, which may report out legislation based upon the report. The reports must be submitted annually by March 1st.

Amendment S-321
This amendment exempts from the opioid medication fee a manufacturer of opioid medications exclusively for use in veterinary medicine.

LD 793 Amendment S-320 fiscal note
LD 793 Amendment S-321 fiscal note
LD 795 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a Right to Food Status: Referred to Agriculture, Conservation and Forestry Committee, amended by Committee amendment H-430 and House amendment H-541 and engrossed in both chambers, June 17, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 795
This constitutional resolution declares that all individuals have a natural, inherent and unalienable right to acquire, produce, process, prepare, preserve and consume and to barter, trade and purchase the food of their own choosing for their own nourishment, sustenance, bodily health and well-being.

Amendment H-430
This amendment, which is the majority report, incorporates a fiscal note.

Amendment H-541
This amendment amends the bill by:
  • 1. Removing the word "acquire" from the enumeration of the elements of an individual's right to food and removing the language limiting the exercise of acquisition;
  • 2. Removing language establishing a fundamental right to be free from hunger, starvation and the endangerment of life due to scarcity of or lack of access to food; and
  • 3. Specifying that the right to food does not allow an individual to abuse private property rights or abuse public lands or natural resources in the harvesting of food.


LD 795 fiscal note
LD 795 Amendment H-430 fiscal note
LD 820 An Act To Prevent Discrimination in Public and Private Insurance Coverage for Pregnant Women in Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-210 and Senate amendment S-275, Enacted, Signed into law June 13, 2019
LD 820
This bill requires the Department of Health and Human Services to provide coverage to a MaineCare member for abortion services. The bill provides that abortion services that are not approved Medicaid services must be funded by the State. The bill also directs the Department of Health and Human Services to adopt rules no later than March 1, 2020.

The bill also requires that health insurance carriers that provide coverage for maternity services also provide coverage for abortion services. The bill applies this requirement to all health insurance policies and contracts issued or renewed on or after January 1, 2020, except for those religious employers granted an exclusion of coverage. The bill authorizes the Superintendent of Insurance to grant an exemption from the requirements if enforcement of the requirements would adversely affect the allocation of federal funds to the State.

Amendment H-210
This amendment is the majority report of the committee. The amendment adds language exempting the provisions of the bill from the provisions of the Maine Revised Statutes, Title 24-A, section 2752. The amendment reallocates the section of the bill requiring the Department of Health and Human Services to pay for abortion services for MaineCare members and adds language to authorize the department to adopt rules using the emergency rule-making provisions of the Maine Administrative Procedure Act.

Amendment S-275
The amendment adds an appropriations and allocations section. This amendment also makes technical corrections.

LD 820 Chaptered Law
LD 820 Chaptered Law fiscal note

LD 859 An Act To Authorize a General Fund Bond Issue To Fund Equipment for Career and Technical Education Centers and Regions Status: Referred to Appropriations and Financial Affairs Committee, carried over to any regular or special session per Joint Order HP 1322
LD 859
The funds provided by this bond issue, in the amount of $40,000,000, will be used to provide funds to make capital improvements to and purchase equipment for career and technical education centers and regions for high school students.

LD 867 An Act To Require Public Health Impact Statements for Certain Legislation Status: Referred to State and Local Government Committee, Dead, Joint rule 310.3, March 26, 2019
LD 867
This bill requires the Department of Health and Human Services, when requested by the chairs of a joint standing committee of the Legislature, to prepare and provide a public health impact statement for legislation before the committee. The public health impact statement must include the potential positive and negative public health effects of the legislation and considerations necessary to the decision-making process regarding the legislation and provide practical recommendations to increase the positive health effects and minimize negative health effects of the legislation.

LD 870 An Act To Change the Membership of the Maine Commission on Domestic and Sexual Abuse To Include More Tribal Members Status: Referred to Judiciary Committee, Enacted, Became law without the Governor's signature June 2, 2019
LD 870
This bill changes the membership of the Maine Commission on Domestic and Sexual Abuse by:
  • 1. Reducing the representation of the statewide coalition of domestic violence projects from 2 members to one member;
  • 2. Reducing the representation of the statewide coalition of sexual assault centers from 2 members to one member;
  • 3. Allowing the member who is a chief of a municipal police department to appoint a designee to serve on the commission;
  • 4. Allowing the member who is a county sheriff to appoint a designee to serve on the commission;
  • 5. Correcting the description of a member from the statewide coordinator of a statewide coalition to end domestic violence to the executive director of a statewide coalition to end domestic violence;
  • 6. Reducing the number of at-large members from 6 to 4; and
  • 7. Adding 4 new members, all of whom are appointed by the Governor, one of whom is an executive director of a tribal coalition against sexual assault and domestic violence, one of whom is chief of a tribal police department or the chief's designee, one of whom is a representative of a tribal court and one of whom is a representative of tribal government.


LD 870 Chaptered Law
LD 870 Chaptered Law fiscal note
LD 913 An Act To Amend the Laws on Gross Sexual Assault, Unlawful Sexual Contact and Unlawful Sexual Touching To Include Counseling Professionals (By request) Status: Referred to Criminal Justice and Public Safety Committee, Enacted in the House as amended by Committee amendment S-117, tabled to Special Appropriations in the Senate May 29, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 913
This bill makes it unlawful for a member of the clergy who is in a position of trust or authority over another person to cause the other person to submit to or participate in a sexual act, sexual contact or sexual touching by exploiting the person's emotional dependency on the member of the clergy. It also places the current definition of "domestic partner" in the definition section of the Maine Revised Statutes, Title 17-A, chapter 11 and deletes repetitive definitions of "domestic partner" found throughout the chapter.

Amendment S-117
This amendment replaces the bill and provides a new title. The amendment amends the law on gross sexual assault, unlawful sexual contact and unlawful sexual touching to include all licensed counseling professionals as the actors in the gross sexual assault, unlawful sexual contact and unlawful sexual touching.

LD 913 Amendment S-117 fiscal note
LD 934 Resolve, To Review the Implementation of the Maine Background Check Center Act Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-348, Finally passed, Signed into law June 6, 2019
LD 934
This resolve directs the Commissioner of Health and Human Services to convene a study group to assess the effects of the implementation of the system of background checks established by the Maine Background Check Center Act. The commissioner is required to submit a report, including any recommended legislation, by December 15, 2019 to the Joint Standing Committee on Health and Human Services, which may submit legislation based on the report to the Second Regular Session of the 129th Legislature.

Amendment H-348
This amendment, which is the unanimous report of the committee, adds a directive to the study group to consider any barriers to implementing all required background checks under one background check system.

LD 934 Chaptered Law
LD 934 Chaptered Law fiscal note
LD 935 An Act To Increase the Viability of Assisted Living Facilities by Increasing the Rate of Reimbursement Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-198, tabled to Special Appropriations in the Senate May 14, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 935
Under current law, the MaineCare payment rates attributable to wages and salaries for personal care and related services for adult family care services, adult day services and homemaker services must be increased by a cost-of-living adjustment until the Department of Health and Human Services has completed a rate study conducted by a 3rd party, including participation of providers, for adult family care services, adult day services or homemaker services and the rates in the rate study have been implemented.

This bill requires that the rates determined by the department pursuant to the rate study also must be increased by a cost-of-living adjustment.

Amendment H-198
This amendment adds an appropriations and allocations section.

LD 935 fiscal note
LD 935 Amendment H-198 fiscal note

LD 939 An Act Regarding the Regulation of Rabbit Production for Local Consumption Status: Referred to Agriculture, Conservation and Forestry Committee, Amended by Committee amendment H-88, Enacted, Signed into law April 30, 2019
LD 939
This bill permits a rabbit producer to sell whole rabbit carcasses without inspection at the farm on which the rabbits were raised, at farmers' markets, by delivery to consumers' homes, to members of community supported agriculture farms with which the rabbit producer has a direct marketing relationship, to locally owned grocery stores and to locally owned restaurants as long as the rabbit producer slaughters fewer than 1,000 rabbits annually and the rabbit producer is registered.

Amendment H-88
This amendment provides that rules adopted by the Commissioner of Agriculture, Conservation and Forestry to establish requirements for the physical facilities and sanitary processes used by rabbit producers whose rabbit products are exempt from inspection are routine technical rules rather than major substantive rules as in the bill.

LD 939 Chaptered Law
LD 939 Chaptered Law fiscal note
LD 949 An Act To Prevent Overdose Deaths Status: Referred to Health and Human Services Committee, Dead, Concurrence in Ought Not to Pass, June 12, 2019
LD 949
This bill directs the Department of Health and Human Services to certify 2 facilities in the State to provide safe and secure locations for people to self-administer previously obtained drugs. The bill requires the facilities to have health care personnel and other trained staff, to provide information concerning drug overdoses and diseases associated with drug use, to administer first aid or other medications in case of an overdose and to provide referrals to other services that clients of the facilities may need. The bill provides immunity from arrest or prosecution to clients and staff members acting in accordance with the provisions of the bill and creates a tolerance zone within 1/2 mile of each facility. The facilities are directed to report certain demographic and other information to the department, which is directed to analyze the information and report to the joint standing committee of the Legislature having jurisdiction over health and human services matters. The department is also directed to review the effectiveness of the facilities to determine whether to open additional facilities.

LD 955 An Act To Prohibit Offshore Oil and Natural Gas Drilling and Exploration Status: Referred to Environment and Natural Resources Committee, Amended by Committee amendment H-425, Enacted, Signed into law June 13, 2019
LD 955
This bill prohibits a person from performing or causing to be performed any oil or natural gas exploration, development or production in, on or under the waters of the State or that may adversely affect the waters of the State.

The bill also prohibits the Department of Environmental Protection and the Director of the Bureau of Parks and Lands within the Department of Agriculture, Conservation and Forestry from permitting, approving or otherwise authorizing any oil or natural gas exploration, development or production in, on or under the submerged and intertidal land owned by the State.

It is the intent of this legislation to generally prohibit activities relating to offshore oil and natural gas exploration, development and production within the boundaries and jurisdiction of the State, which place the State's coastal communities at economic and ecological risk from oil spills, and from the pollution caused by routine drilling operations and onshore industrialization, and threaten the quality of life and livelihoods of Maine citizens and economically significant industries, including tourism, recreation and commercial and recreational fishing, and small businesses that rely on a clean and healthy ocean and clean and healthy beaches.

Amendment H-425
This amendment, which is the majority report of the committee, amends the bill to clarify the prohibition on oil or natural gas exploration, development or production activities as follows.

  • 1. It amends certain definitions to more clearly delineate the activities regulated and to specify that the transfer of oil or natural gas resources to or from the waters of the State, including both on-loading and offloading of oil or natural gas resources between an oil terminal facility and a vessel or between vessels, is not prohibited under the bill.
  • 2. It removes language specifically prohibiting exploration, development or production activities that may adversely affect the waters of the State.


LD 955 Chaptered Law
LD 955 Chaptered Law fiscal note
LD 964 Resolve, To Study Housing Options for Persons with Mental Health Challenges and Substance Use Disorder Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 7, 2019
LD 964
This resolve establishes the Study Commission to Assess Housing Needs of Persons with Mental Health Challenges and Substance Use Disorder and requires the study commission to assess the housing needs of persons who are living with mental health challenges and who have substance use disorder, with a focus on the needs of such individuals located in rural Maine. The study commission is required to explore methods of expanding the options and availability of housing for such individuals, including options that support the unique housing needs of such individuals, and report its findings and recommendations to the Second Regular Session of the 129th Legislature.

LD 982 Resolve, To Expand the Use of the Women, Infants and Children Special Supplemental Food Program at Farmers' Markets Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-427, Finally passed, Signed into law June 20, 2019
LD 982
This resolve directs the Commissioner of Health and Human Services to amend the rules regarding the use of the Women, Infants and Children Special Supplemental Food Program at farmers' markets by expanding the program from seasonal to include all 12 months of the calendar year and by expanding the scope of food products that may be purchased through the program at a farmers' market from only fresh fruits and vegetables to all food products allowed to be purchased through the program in general.

Amendment H-427
This amendment adds an appropriations and allocations section.

LD 982 Chaptered Law
LD 982 Chaptered Law fiscal note
LD 984 Resolve, To Develop Plans To Return to the State Children Housed in Residential Treatment Systems outside of the State Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-352, Finally passed, Signed into law June 6, 2019
LD 984
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 Benefi\ts 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.

Amendment H-352
This amendment removes from the resolve the sections relating to psychiatric residential treatment facilities and increasing MaineCare reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65 and Section 97, Appendix D. The amendment requires the Department of Health and Human Services to negotiate reimbursement rates with providers to provide services to children returning to the State, including deviating from reimbursement rates established by department rules in order to access additional services.

LD 984 Chaptered Law
LD 984 Chaptered Law fiscal note

LD 1007 An Act To Expand and Enhance Maine's Behavioral Health Direct Care Workforce Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-499, tabled to Special Appropriations in the Senate June 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1007
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to enact measures to expand and enhance the State's behavioral health direct care workforce, including, but not limited to, community-based mental health rehabilitation technicians, direct support professionals and behavioral health professionals.

Amendment H-499
This amendment replaces the concept draft. It changes the educational requirements for behavioral health professionals providing children's home and community-based treatment to replace the requirement for a bachelor's degree to a minimum of 60 credit hours in a related field, 90 credit hours in an unrelated field combined with a plan for supervision and training or a high school diploma or equivalent with 3 years of experience working in the field combined with a plan for supervision and training. The educational requirements do not change the required behavioral health professional training or the prescribed time frames for that training. It also requires the Department of Health and Human Services to amend or establish contracts for training behavioral health professionals to train any additional individuals within existing resources, and authorizes the department to opt to charge individuals or their employers fees for training.

LD 1007 Amendment H-499 fiscal note

LD 1015 An Act To Support Maine Craft Distillers Status: Referred to Veterans and Legal Affairs Committee, Amended by Committee amendment S-93, Enacted as an emergency measure, Signed into law May 30, 2019
LD 1015
This bill exempts the holder of a small distillery license from bailment or other distribution fees if the product sold by that license holder, either for on-premises or off-premises consumption, was not transported to a warehouse operated by the State or a wholesaler contracted by the State.

Amendment S-93
This amendment strikes and replaces the bill and adds an emergency preamble and emergency clause. The amendment provides that the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations is required to set the price of spirits produced by a licensed Maine small distillery and retained by that small distillery for sale directly to customers at a discount of 22.75% off the list price. This discount rate is greater than the discount that an agency liquor store is given off of the list price when it purchases spirits produced by a small distillery because, unlike spirits purchased by an agency liquor store, the spirits retained by the small distillery are not transported to a warehouse operated by the bureau or by a wholesaler contracted by the bureau and then distributed by that wholesaler to another location.

LD 1015 Chaptered Law
LD 1015 Chaptered Law fiscal note
LD 1025 An Act To Prohibit the Provision of Conversion Therapy to Minors by Certain Licensed Professionals Status: Referred to Health Coverage, Insurance and Financial Services Committee, Amended by Committee amendment H-213, Enacted, Signed into law May 29, 2019
LD 1025
This bill does the following.
  • 1. It defines "conversion therapy" as any practice or course of treatment that seeks or purports to change an individual's sexual orientation or gender identity, except for any practice or treatment that assists an individual undergoing a gender transition; any practice or treatment that provides acceptance, support and understanding to an individual; and any practice or treatment that facilitates an individual's coping, social support or identity exploration and development, including any therapeutic intervention that is neutral with regard to sexual orientation or gender identity, and that seeks to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change the individual's sexual orientation or gender identity.
  • 2. It prohibits certified school psychologists and guidance counselors, nurses, doctors, physician assistants, psychologists, psychological examiners, alcohol and drug counselors and aides, social workers, pharmacists and pharmacy technicians, professional counselors, marriage and family therapists, pastoral counselors, speech-language pathologists and assistants and audiologists from advertising, offering or administering conversion therapy to individuals under 18 years of age. Advertising, offering or administering conversion therapy to an individual under 18 years of age in violation of this prohibition is grounds for discipline of the professional by the department or board that issued the professional's license, certification or registration, including but not limited to suspension or revocation of the license, certification or registration.
  • 3. It prohibits MaineCare reimbursement for conversion therapy administered to an individual who is under 18 years of age.
  • 4. It includes a statement of legislative findings and intent.


Amendment H-213
This amendment is the majority report of the committee. The amendment clarifies the definition of "conversion therapy." The bill provides that evidence that a certified school psychologist or guidance counselor has advertised, offered or administered conversion therapy to a child within the last 5 years is grounds for discipline; the amendment retains this provision but removes the 5-year limitation. The amendment also removes a similar 5-year limitation added by the bill to the current law that provides that evidence that an applicant for such a certification has injured the health or welfare of a child through abuse or exploitation is grounds for a denial of the certification. The amendment also adds an additional finding and makes other clarifying changes to the legislative findings and intent section.

LD 1025 Chaptered Law
LD 1025 Chaptered Law fiscal note
LD 1052 An Act To Require Regular and Transparent Review of MaineCare Reimbursement Rates Status: Referred to Health and Human Services Committee, Work session held, May 1, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1052
This bill establishes a regular review process for MaineCare reimbursement rates. The Department of Health and Human Services shall review all rates over a 3-year period except those that are already subject to regular review, based on cost, reimbursed at a capitated rate, or tied to Medicare or some other rates. The 3-year schedule and the reviews are required to be submitted to the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs. The results of reviews are also submitted to the Governor for consideration for inclusion in the biennial budget. The bill also establishes the MaineCare Reimbursement Rates Review Advisory Committee made up of stakeholders appointed by the Presiding Officers and the minority leaders in the Legislature to provide advice and input to the department on rate reviews. The advisory committee also submits an annual review of its activities to the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs. The advisory committee is staffed by the Department of Health and Human Services.

LD 1072 An Act To Promote Workforce Education on Alzheimer's Disease and Dementia Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, April 16, 2019
LD 1072
This bill requires health care practitioners to disclose a diagnosis of Alzheimer's disease or dementia to an authorized representative or a family or household member except for a person that is expressly prohibited by the individual diagnosed. The health care practitioner making the diagnosis must also provide information regarding care planning services, including assistance understanding the diagnosis, and medical and nonmedical options for treatment, services and supports and information on how to access those options.

The bill requires that by January 1, 2023 every hospital must have a policy regarding the recognition and management of patients with Alzheimer's disease and dementia within that hospital and have the policy on file. The hospital must consult with the Department of Health and Human Services and statewide organizations with expertise in the field of Alzheimer's disease and dementia and include relevant portions of the federal Department of Health and Human Services, Centers for Disease Control and Prevention "Healthy Brain Initiative" publication and any succeeding plans and the state plan regarding Alzheimer's disease and related dementias in Maine developed by the Department of Health and Human Services.

The bill also requires continuing education requirements to be adopted by the Board of Licensure in Medicine, the Board of Osteopathic Licensure and the State Board of Nursing that relate to diagnosis, behavioral symptoms, respectful and effective communication, safety, signs of abuse and neglect and identifying signs of self-neglect by persons living alone with Alzheimer's or dementia. It also requires physician assistants to receive the same continuing education.

The bill also requires the Department of Health and Human Services to provide 4 hours of education and training to all employees of adult protective services at the beginning of employment.

LD 1101 An Act To Amend the Shoreland Zoning Laws To Allow Pedestrian Walkways and Trails That Exclude Motorized Vehicles within the Shoreland Zone Status: Referred to Environment and Natural Resources Committee, Dead, Joint rule 310.3, May 2, 2019
LD 1101
This bill amends the shoreland zoning laws to authorize a municipality to adopt an ordinance that exempts pedestrian walkways or trails within the shoreland zone from otherwise applicable setback requirements so long as use of motorized vehicles, other than motorized assistive devices, is prohibited on the walkway or trail and the ordinance maintains certain other protective standards. Any allowed walkway or trail must meet all other state and local permit requirements and comply with all other applicable rules.

LD 1168 Resolve, To Improve Maine's Response to Childhood Trauma Status: Referred to Education and Cultural Affairs Committee, Amended by Committee amendment H-323, Finally passed as an emergency measure, Signed into law June 10, 2019
LD 1168
This resolve directs the Commissioner of Education to convene a task force, inviting the participation of experts and interested parties, to develop guidance for kindergarten to grade 12 administrators on appropriate training and responses to childhood trauma and to submit a report to the Joint Standing Committee on Education and Cultural Affairs by December 4, 2019. The committee is authorized to submit legislation related to the report to the Second Regular Session of the 129th Legislature.

Amendment H-323
This amendment adds an emergency preamble and emergency clause and directs the task force convened by the Commissioner of Education, in developing guidance for kindergarten to grade 12 administrators on appropriate training and responses to childhood trauma, to consult with any other task force or work group convened by the Department of Education whose work may inform the work of this task force. The amendment also removes the requirement that the training and social and emotional learning curriculum developed by the task force be mandated.

LD 1168 Chaptered Law
LD 1168 Chaptered Law fiscal note
LD 1171 An Act To Prevent Sexual and Domestic Violence and To Support Survivors Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-86, tabled to Special Appropriations in the Senate May 16, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1171
This bill provides funding for sexual assault and domestic violence prevention and victim services.

Amendment S-86
This amendment incorporates a fiscal note.

LD 1171 Amendment S-86 fiscal note
LD 1178 An Act To Address the Needs of Children with Intellectual Disabilities and Autism Spectrum Disorder Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-410, tabled to Special Appropriations in the Senate June 6, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1178
This bill requires the Department of Health and Human Services to apply for a home and community-based waiver from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to provide services to children up to 21 years of age with intellectual disabilities or autism spectrum disorder. Services must be provided according to a care plan process that requires participation by the child's family. The care plan must address safety as the highest priority. The care plan must address the child's developmental, mental health, emotional, social, educational and physical needs in the least restrictive environment. Services must be clinically appropriate, be provided in a location as close to the child's home as possible, be provided in a timely manner and promote early identification and intervention. The department is directed to apply for the waiver no later than January 1, 2020. Upon approval of the waiver, the department is directed to adopt rules within 6 months. The rules are major substantive rules.

Amendment H-410
This amendment removes the requirement for the Department of Health and Human Services to request a waiver pursuant to Section 1915(c) of the United States Social Security Act for services to children with intellectual disabilities or autism spectrum disorder and allows the department to apply for any waiver or state plan amendment that would accomplish this purpose. The amendment also adds an appropriations and allocations section.

LD 1178 fiscal note
LD 1178 Amendment H-410 fiscal note
LD 1184 An Act Regarding Penalties for Early Retirement for Certain Members of the Maine Public Employees Retirement System Status: Referred to Labor and Housing Committee, Enacted in the House as amended by Committee amendment H-244, tabled to Special Appropriations in the Senate May 29, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1184
Under changes made to the Maine Public Employees Retirement System in 1993, employees who were members of the Maine Public Employees Retirement System as of July 1, 1993 but did not have 10 years of creditable service as of July 1, 1993 are required to have 25 years of creditable service and attain 62 years of age in order to avoid incurring a penalty of 6% of earned benefits for each year the person retires before attaining 62 years of age. Prior to that change, the penalty was 2.25% for each year below 60 years of age the person retired.

This bill changes the rate of the penalty for those state employees who retired between July 1, 2011 and January 1, 2012 and for teachers who retired between July 1, 2011 and July 1, 2012 who had at least 25 years of service on July 1, 2011 but had not attained 62 years of age to 2.25% for each year the person was below 62 years of age upon retirement from service.

Amendment H-244
This amendment is the minority report of the committee.

This amendment makes clear that the change in the rate of the early retirement penalty for qualified members applies prospectively beginning October 1, 2019.

The amendment also adds an appropriations and allocations section to fund the one-time cost of the unfunded actuarial liability created as a result of the change in the rate of penalty for qualified members.

LD 1184 fiscal note
LD 1184 Amendment H-244 fiscal note
LD 1201 An Act To Create a Low-barrier, Permanent Housing Rental Subsidy for Individuals in the State Experiencing Long-term Homelessness Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1201
This bill establishes a rental subsidy program within the Maine State Housing Authority for persons experiencing long-term homelessness. The rental subsidy program provides a rental subsidy and housing retention services to a person eligible for the program.

LD 1202 Resolve, To Develop a Plan To Improve Service Delivery to Individuals Receiving Medicaid Home and Community-based Services Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1202
This resolve directs the Department of Health and Human Services to convene a stakeholder group to review the Medicaid home and community-based settings rules, review past efforts by the State to come into compliance with those rules and make recommendations about how to bring the State into compliance and recommendations on necessary statutory and regulatory changes. The department is required to submit a report by January 15, 2020 to the Joint Standing Committee on Health and Human Services, which may submit a bill to the Second Regular Session of the 129th Legislature.

LD 1214 Resolve, To Conduct a Comprehensive Study of the Compensation System for State Employees Status: Referred to Labor and Housing Committee, Enacted in the House as amended by Committee amendment S-146, tabled to Special Appropriations in the Senate June 3, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1214
This resolve directs the Commissioner of Administrative and Financial Services to commission a comprehensive study of the wages and compensation system for employees of the executive branch of State Government. The resolve directs the commissioner to involve the certified bargaining agents for the employees covered by collective bargaining units and report the findings and any recommendations to the joint standing committee of the Legislature having jurisdiction over state and local government matters no later than July 1, 2020, and authorizes the joint standing committee to submit a bill relating to the subject matter of the report to the First Regular Session of the 130th Legislature.

Amendment S-146
This amendment changes the committee to which the report is submitted in the bill to the Joint Standing Committee on Labor and Housing and authorizes that committee to report out a bill. This amendment adds an appropriations and allocations section.

LD 1214 fiscal note
LD 1214 Amendment S-146 fiscal note
LD 1229 Resolve, To Establish the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals Status: Referred to Judiciary Committee, Engrossed as amended by Committee amendment H-452 in both chambers, Enacted in the House, Senate tabled to Special Study, June 7, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1229
This resolve establishes the Committee To Study and Develop Recommendations To Address Guardianship Challenges That Delay Patient Discharges from Hospitals. The committee is required to study and develop recommendations to address guardianship, conservatorship and authorization of transaction challenges that result in extended hospitalization of patients clinically qualified for discharge from a hospital.

Amendment H-452
This amendment revises the membership of the committee, requires the report to be submitted to both the Joint Standing Committee on Health and Human Services and the Joint Standing Committee on Judiciary, authorizes both committees to report out legislation based on the report to the Second Regular Session of the 129th Legislature and adds an emergency preamble and clause. It also allows the committee to accept outside contributions, approved by the Legislative Council, to help fund the committee.

LD 1229 Amendment H-452 fiscal note
LD 1234 An Act To Expand the Value of the Homestead Exemption to $25,000 and State Reimbursement to 100 Percent of Lost Property Tax Revenue Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment H-482, tabled to Special Appropriations in the Senate June 11, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1234
This bill increases for property tax years beginning April 1, 2020 the value of the homestead exemption benefit under the Maine resident homestead property tax exemption from $20,000 to $25,000 and increases the state reimbursement for the lost property tax revenue from 62.5% to 100%. The bill also provides that the property tax assessed on a homestead eligible for the homestead exemption may not be less than $100.

Amendment H-482
This amendment, which is the majority report of the committee, changes to 70% the percentage of state reimbursement of lost property tax revenue due to the increase in the homestead exemption in the bill. It also removes from the bill the provision that the tax assessed on a homestead eligible for the homestead exemption may not be less than $100.

The amendment also adds an appropriations and allocations section.

LD 1234 Amendment H-482 fiscal note
LD 1275 An Act To Support Access to Health Services for Homeless Youth in Maine Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-127, Enacted, Signed into law June 5, 2019
LD 1275
Under current law, a minor who has been living separately from parents or legal guardians for at least 60 days and is independent of parental support may provide consent to all medical, mental, dental and other health counseling and services.

This bill allows a minor to provide consent to all medical, mental, dental and other health counseling and services by proving that the minor is living separately and is independent of parental support through various means such as a written, signed statement to that fact from the director of a governmental or nonprofit agency that provides services to homeless persons or an attorney representing the minor or proof of filing for emancipation.

This bill also provides immunity to a health care practitioner who provides services to a minor if the minor consented to those services and provided proof of living separately and independently. Finally, this bill prohibits a minor or other person from disaffirming the consent given by the minor solely because the minor is a minor.

Amendment S-127
This amendment clarifies that a health care practitioner who obtains documentation is immune from civil or criminal liability. It removes the language regarding consent not being subject to later disaffirmance solely by reason of the minor's age.

LD 1275 Chaptered Law
LD 1275 Chaptered Law fiscal note

LD 1288 An Act To Establish a MaineCare Reimbursement Rate Review Process and the MaineCare Independent Rate Commission Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1288
This bill establishes a process by which the Department of Health and Human Services maintains a schedule of MaineCare program reimbursement rate reviews in which each rate is reviewed at least every 5 years. Under this process, the department reviews a rate for access, service, quality and use of service and compares the rate reimbursed with available benchmarks, including Medicare rates and usual and customary rates paid by private parties, and uses qualitative tools to assess whether reimbursements are sufficient to allow for provider retention and recipient access and to support appropriate reimbursement of high-value services. The department is required to provide a report of its review to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs, the MaineCare Independent Rate Commission, a 24-member group of interested parties providing oversight of the rate review process, and stakeholders. After holding public meetings and consulting stakeholders and stakeholder groups and consultation with the Department of Administrative and Financial Services, Bureau of the Budget, the department makes recommendations on the MaineCare reimbursement rates to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs to assist in developing the department's budget.

LD 1295 An Act To Determine the Need To Increase the Number of Forensic Emergency and Crisis Beds Status: Referred to Criminal Justice and Public Safety Committee, carried over to any regular or special session per Joint Order HP 1322
LD 1295
This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to direct the Department of Health and Human Services and the Department of Corrections to determine the current need for forensic emergency and crisis beds to ensure the prompt and humane treatment of arrested individuals who are suffering from mental illness and awaiting trial. In making this determination, the departments shall consider:

  • 1. The number of currently available forensic emergency and crisis beds;
  • 2. The number of individuals currently awaiting placement pretrial;
  • 3. The annual average number of individuals needing forensic services pretrial;
  • 4. Proposals to address unmet needs and associated costs; and
  • 5. Other factors that would lessen wait times for placements and provide needed mental health services to individuals pretrial.


LD 1297 An Act To Reduce Youth Cancer Risk Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-293, Enacted, Signed into law June 13, 2019
LD 1297
This bill:
  • 1. Prohibits a tanning facility from allowing an individual who has not attained 18 years of age to use a tanning device;
  • 2. Requires that the owner of a tanning facility or the lessee of a tanning device post a conspicuous notice regarding the laws governing tanning and the health risks associated with tanning;
  • 3. Requires that each customer, prior to that customers first use in that calendar year of that tanning device, sign an acknowledgment that the customer understands the posted notice and agrees to use protective eyewear; and
  • 4. Authorizes municipalities to adopt more restrictive regulations than required in this bill.


Amendment H-293
This amendment, which is the majority report of the committee, specifies that a violation of the section on tanning facilities is subject only to civil penalties. It requires the Department of Health and Human Services to adopt routine technical rules to implement the law and otherwise regulate tanning facilities and directs the department to amend its rules in 10-144 C.M.R. Chapter 223 to be consistent with the law.

LD 1297 Chaptered Law
LD 1297 Chaptered Law fiscal note
LD 1337 Resolve, To Save Lives by Establishing a Homeless Opioid Users Service Engagement Pilot Project within the Department of Health and Human Services Status: Referred to Health and Human Services Committee, Amended by Committee amendment H-429 and Senate amendment S-340, Finally passed, Signed into law July 2, 2019
LD 1337
This bill establishes within the Department of Health and Human Services a program to provide rapid access to low-barrier treatment for substance use disorders and stable housing to support recovery and create stability for 50 opioid users who are among the most vulnerable and unstable in the State. The bill details the program objectives, eligibility criteria for program participants and services that must be provided to those participants, including medication-assisted treatment, intensive case management services and financial and case management assistance to ensure immediate and continued access to stable housing. The bill requires an independent evaluation of the program and directs the department to submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the program by March 15, 2020 and annually thereafter. The joint standing committee is authorized to submit legislation regarding the program.

Amendment H-429
This amendment changes the bill into a resolve.

The bill established a homeless opioid users service engagement program. The amendment changes it to a pilot project that operates for 24 months.

The amendment also adds an appropriations and allocations section.

Amendment S-340
This amendment provides that the Maine State Housing Authority, within its existing programs and resources, is required to provide funding for costs associated with housing provided under the pilot project. This amendment also allocates funds from the Fund for a Healthy Maine rather than appropriating funds from the General Fund.

LD 1337 Chaptered Law
LD 1337 Chaptered Law fiscal note
LD 1338 An Act To Protect Teachers from Unfair Evaluations Status: Referred to Education and Cultural Affairs Committee, Amended by Committee amendment H-400, Enacted, Signed into law June 13, 2019
LD 1338
This bill removes the requirement in current law that the criteria to establish the order of layoff and recall of teachers must include the teacher's effectiveness rating as a factor. It also amends the provisions in current law governing the use of teacher effectiveness ratings.

Amendment H-400
This amendment strikes and replaces the bill and provides that, in any negotiated agreement, the criteria negotiated by the school board and the bargaining agent to establish the order of layoff and recall may include the teacher's effectiveness rating as a factor.

This amendment also provides that, subject to appeal or grievance under the terms of an applicable collective bargaining agreement, receipt of summative effectiveness ratings indicating that a teacher is ineffective for 2 consecutive years constitutes just cause for nonrenewal of a teacher's contract as long as there is a reasonable basis in fact for the effectiveness ratings, the evaluation process leading to the effectiveness ratings has been performed in a manner reasonably consistent with the approved system and department rules and the effectiveness ratings are not the result of bad faith.

This amendment also provides that there is no right to an appeal or grievance of a summative effectiveness rating unless the summative effectiveness rating is used by the employer as a basis for a disciplinary action and provides that a teacher has the opportunity to provide a written response to any summative effectiveness rating issued to the teacher.

LD 1338 Chaptered Law
LD 1338 Chaptered Law fiscal note
LD 1350 An Act To Improve Rural Health Care Status: Referred to Environment and Natural Resources Committee, Enacted in the House as amended by Committee amendment S-259, tabled to Special Appropriations in the Senate June 12, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1350
This bill provides that, for taxable years beginning on or after January 1, 2019, student loan payments made by a taxpayer's employer directly to a lender on behalf of a qualified health care employee are not included in federal adjusted gross income for Maine income tax purposes. The bill also directs the Department of Health and Human Services to amend its rule Chapter 101: MaineCare Benefits Manual, Chapter II and Chapter III regarding reimbursement to rural and nonrural hospitals, acute care critical access hospitals and rural health clinics.

Amendment S-259
This amendment makes the following changes to the bill.
  • 1. It changes the reimbursement for acute care critical access hospitals to 100% for all hospital-based physician costs rather than facility and physician costs.
  • 2. It clarifies that rural health clinics are paid under an alternative payment methodology option that is the same as the current system except for rebasing costs to 2016 and 2017 costs as long as the rural health clinics are not paid less than the current reimbursement rate.
  • 3. It requires the Department of Health and Human Services to submit any necessary state plan amendments to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services no later than January 1, 2020. Rulemaking must be completed by the department within 180 days of receiving federal approval.
  • 4. It adds language to clarify that taxpayers cannot claim a double benefit for educational opportunity tax credits.
  • 5. It adds an appropriations and allocations section.


LD 1350 Amendment S-259 fiscal note
LD 1376 An Act To Direct the Department of Education To Amend Its Rules To Ensure That Physical Restraint and Seclusion Policies Are Followed and Make Biennial Reports on the Use of Physical Restraint and Seclusion Status: Referred to Education and Cultural Affairs Committee, Enacted in the House as amended by Committee amendment H-617, tabled to Special Appropriations in the Senate June 18, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1376
This bill directs the Department of Education to amend its rule Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty to include concepts from and references to the department's rule Chapter 33: Rule Governing Physical Restraint and Seclusion.

It directs schools to make annual reports to the department regarding incidents of physical restraint and seclusion and directs the Commissioner of Education to report biennially to the Governor and the Legislature on data regarding the use of physical restraint and seclusion.

Amendment H-617
This amendment, which is the majority report of the committee, strikes and replaces the bill. The amendment directs schools to submit annual reports to the Department of Education regarding incidents of physical restraint and seclusion including the number of uses and number of students, broken down by grade level or age group, gender, race and type of education plan, and the number of injuries to students and to staff and directs the Commissioner of Education to report biennially to the Governor and the Legislature on data regarding the use of physical restraint and seclusion.

The amendment also directs the Department of Education to, by rule, develop and implement a performance review system to define and monitor all schools' use of physical restraint and seclusion.

The amendment also requires the Department of Education to submit major substantive rules by December 5, 2019, provide guidance to schools regarding these rules and submit a plan by January 15, 2020 to the Joint Standing Committee on Education and Cultural Affairs on professional development opportunities to promote preventive practice models that will reduce dependence on physical restraint and seclusion.

The amendment also adds an appropriations and allocations section.

This amendment also incorporates a fiscal note. The fiscal note identifies the requirement that school administrative units break down the aggregate data by grade level or age group, gender, race and type of plan as a potential unfunded state mandate. Because schools are already required to collect this data pursuant to department rule Chapter 33: Rule Governing Physical Restraint and Seclusion, the committee finds this additional requirement does not require an expansion or modification of activities so as to necessitate additional expenditures.

LD 1376 Amendment H-617 fiscal note
LD 1395 An Act To Create Fairness for Dispatchers in the Maine Public Employees Retirement System Status: Referred to Labor and Housing Committee, Amended by Committee amendment H-551, Enacted, Signed into law June 18, 2019
LD 1395
This bill adds dispatchers to the categories of participating local district employees for which a special retirement plan is available. Participating local districts that elect to cover their dispatchers by a more favorable special plan are responsible for the payment of any increased employer costs associated with such an election. Depending upon the plan that is elected, dispatchers may also pay an increased member contribution rate for participation in the more favorable special plan.

Amendment H-551
This amendment clarifies that a dispatcher may not be added to a special retirement plan by a participating local district that does not have a specific age requirement unless the dispatcher has completed at least 25 years of creditable service.

LD 1395 Chaptered Law
LD 1395 Chaptered Law fiscal note
LD 1403 An Act To Amend the General Assistance Laws Governing Reimbursement Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-514, tabled to Special Appropriations in the Senate June 11, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1403
This bill establishes presumptive eligibility for general assistance for persons who are provided shelter at emergency shelters for the homeless. It also reestablishes the 90% reimbursement rate for municipalities that incur net general assistance costs in any fiscal year in excess of .0003 of that municipality's most recent state valuation, which was amended in Public Law 2015, chapter 267, Part SSSS. It retains the 70% reimbursement rate for other municipalities and Indian tribes for costs below the .0003% of all state valuation amount.

Amendment H-514
This amendment, which is the majority report of the committee, removes the section of the bill relating to presumptive eligibility. It also grants 100% reimbursement for general assistance costs to Indian tribes. It clarifies that the municipality's most recent state valuation rather than the all state valuation is used for calculating when a municipality begins to be reimbursed 90% for general assistance costs and that the reimbursement is for gross costs rather than net costs. It establishes that the new departmental reimbursement to municipalities begins July 1, 2020.

LD 1403 fiscal note
LD 1403 Amendment H-514 fiscal note
LD 1404 Resolve, To Provide Support Services and Funds To Prevent Homelessness Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-368, tabled to Special Appropriations in the Senate June 3, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1404
This resolve requires the Department of Health and Human Services to apply to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services for a waiver from the requirements of federal law and regulations to allow Maine to provide Medicaid-funded direct support services to individuals experiencing homelessness. In addition, the bill provides ongoing funds to the Housing First Assistance Program established within the Maine State Housing Authority to be distributed to community action agencies to assist individuals on the verge of becoming homeless.

Amendment H-368
This amendment clarifies that the Department of Health and Human Services is required to examine opportunities to provide home and community-based services to individuals experiencing homelessness using a state plan amendment option under Section 1915(i) of the federal Social Security Act or any other Medicaid-funded mechanism that may be appropriate. It requires the department to report its progress in examining options and submitting a waiver to the Joint Standing Committee on Health and Human Services. The amendment also corrects the appropriations and allocations section to reflect funding from the Temporary Housing Assistance Fund and changes the initiative language to be more consistent with the statute governing the fund.

LD 1404 Amendment H-368 fiscal note
LD 1460 An Act To Support Collection and Proper Disposal of Unwanted Drugs Status: Referred to Environment and Natural Resources Committee, Work session held, May 2, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1460
This bill provides for the establishment of drug take-back stewardship programs. It requires certain drug manufacturers, as defined in the bill, to operate a drug take-back stewardship program to collect and dispose of certain drugs.

LD 1461 An Act To Support Early Intervention and Treatment of Mental Health Disorders (Emergency) Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-244, tabled to Special Appropriations in the Senate June 18, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1461
This bill requires the Department of Health and Human Services to establish a funding mechanism and reimbursement rate for the treatment of individuals showing early signs of a psychotic disorder using a coordinated specialty care model. Services must be evidence-based and treat both the individual and the family. The Department of Health and Human Services is directed to establish a funding mechanism to reimburse for the treatment of individuals in cooperation with the Department of Education and the Department of Labor. The Department of Health and Human Services is directed to apply to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services for any necessary waivers and state plan amendments and to seek federal funding under the community mental health services block grant.

Amendment S-244
This amendment, which is the unanimous report of the committee, clarifies that the department must establish a bundled rate for coordinated specialty care. It also provides that the department may review, develop or apply for any source of funds that may be available to implement reimbursement for the coordinated specialty care model. The amendment also adds an appropriations and allocations section.

Amendment S-300
This amendment amends the committee amendment. This amendment retains the emergency preamble and emergency clause and, as in the committee amendment and the bill, requires the Department of Health and Human Services to establish a reimbursement rate for a coordinated specialty care model to treat individuals showing early signs of psychotic disorder. Services must be evidence-based and treat both the individual and the family. Under this amendment, the Department of Health and Human Services is directed, in cooperation with the Department of Education and the Department of Labor and no later than July 1, 2020, to establish a bundled rate to reimburse for services provided under the coordinated specialty care model that are not otherwise covered under the MaineCare program. This amendment moves the statutory requirements for the reimbursement to the Maine Revised Statutes, Title 22. This amendment retains the requirement that the Department of Health and Human Services apply to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services for any necessary waivers and state plan amendments and to seek federal funding under the community mental health services block grant but changes cross-references and requires that necessary applications be submitted no later than 90 days after the effective date of this legislation.

The amendment also changes the appropriations and allocations section.

LD 1461 Amendment S-244 fiscal note
LD 1461 Amendment S-300 fiscal note
LD 1491 Resolve, To Study Consolidation of Payment of Cost-of-living Tax Credits Status: Referred to Taxation Committee, Amended by Committee amendment H-509, Finally passed, Signed into law June 17, 2019
LD 1491
This bill replaces the Maine earned income credit under the income tax with the Maine work credit. The Maine work credit is similar to the federal earned income tax credit but uses different factors for calculating the credit that are intended to produce a state credit for individuals with qualifying children that is approximately equal to 30% of the federal credit and for individuals with no qualifying children that is approximately equal to 100% of the federal credit. The bill also provides eligibility for individuals who are at least 18 years of age but less than 25 years of age who have no qualifying children and creates a minimum credit for students and eligible caregivers.

The bill also establishes a working group to study ways to streamline applications for tax credits intended to assist low to middle income taxpayers with the cost of basic necessities and to permit administration of those credits as advance consolidated payments.

Amendment H-509
This amendment strikes the bill and replaces it with a resolve that retains the provision of the bill that establishes a working group to study and report on ways to streamline applications for tax credits intended to assist low to middle income taxpayers with the cost of basic necessities and to permit administration of those credits as advance consolidated payments.

LD 1491 Chaptered Law
LD 1491 Chaptered Law fiscal note

LD 1492 An Act To Reform Drug Sentencing Laws Status: Referred to Criminal Justice and Public Safety Committee, Work session held, May 22, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1492
This bill amends the Maine Criminal Code provisions regarding scheduled drugs by relaxing or eliminating provisions regarding trafficking and furnishing, unlawful possession of scheduled drugs, trafficking, furnishing or possession of hypodermic apparatuses, use of drug paraphernalia and trafficking or furnishing of imitation drugs.

LD 1523 An Act To Ensure the Quality of and Increase Access to Recovery Residences Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-240 and Senate amendment S-345, Enacted, Signed into law July 2, 2019
LD 1523
This bill adds definitions of "person recovering from substance use disorder" and "recovery residence" to the laws governing the substance use disorder programs of the Department of Health and Human Services and directs the department to establish a voluntary certification process for recovery residences. It also directs the Maine State Housing Authority to create a pilot project to provide a short-term rental subsidy to a person recovering from substance use disorder to reside in a certified recovery residence that provides medication-assisted treatment.

This bill also adds "recovery" to "substance use disorder prevention and treatment" in the context of activities and services under the laws addressing alcohol and drug use. The bill also adds an appropriations and allocations section.

Amendment S-240
This amendment, which is the unanimous report of the committee, amends the bill as follows.

  • 1. It makes the definition of "recovery" consistent with the definition of "recovery support services."
  • 2. It allows for a short-term rental subsidy to be provided for a person in recovery so that the rental subsidy may be provided to an administrator of the recovery residence not only the person in recovery directly.
  • 3. It removes the requirement that recovery residences provide medication-assisted treatment as a condition of receiving a short-term rental subsidy and instead requires that the recovery residences must permit medication-assisted treatment.
  • 4. It makes the Maine State Housing Authority's rule-making authority permissive with respect to providing a short-term rental subsidy for a person in recovery.
  • 5. It removes the appropriations and allocations section so that the short-term rental subsidy can be provided within existing budgeted resources.
  • 6. It removes certain provisions that add "recovery" to "substance use disorder prevention and treatment" that have substantive implications beyond the scope of this legislation.
  • 7. It adds an appropriations and allocations section.


Amendment S-345
This amendment removes the appropriations and allocations section.

LD 1523 Chaptered Law
LD 1523 Chaptered Law fiscal note
LD 1529 An Act Concerning Nondisclosure Agreements in Employment Status: Enacted, recalled from the Governor's desk, committed to Labor and Housing Committee, June 19, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1529
This bill prohibits employers from requiring agreements that prevent an employee or prospective employee from disclosing or discussing discrimination, including harassment, occurring between employees or between an employer and an employee.

The bill prohibits settlement agreements, unless requested by the employee, prospective employee or former employee, from including a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence, file claims or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.

An employee, prospective employee or former employee is not liable for damages for breaching a prohibited nondisclosure agreement or a settlement agreement.

Amendment H-448
This amendment replaces the bill. It prohibits an employer from requiring an employee, intern, applicant for employment or applicant for internship to enter into a contract with the employer that contains a nondisclosure agreement, nondisparagement agreement, waiver or other provision that prevents the employee, intern or applicant from disclosing or discussing discrimination, including harassment, occurring in the workplace or at work-related events coordinated by or through the employer.

It also prevents an employer from requiring an employee, intern, applicant for employment or applicant for internship to enter into a settlement, separation or severance agreement that includes a provision that prevents the disclosure of factual information relating to a claim of discrimination, including harassment, unless the employee, intern or applicant requests such a provision. Agreements may not explicitly or implicitly limit an individual's ability to provide testimony or evidence or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor, and any agreement must make it clear that an individual retains the right to provide testimony or evidence or make reports to any federal or state agency that enforces employment or discrimination laws, including, but not limited to, the Maine Human Rights Commission and the Department of Labor.

It specifies that an individual must be given 21 days to consider any agreement containing nondisclosure provisions and be provided at least 7 days following the execution of the agreement to revoke the agreement. The bill states that an agreement is not effective or enforceable until the revocation period has expired.

It requires that an employer retain a copy of any settlement, separation or severance agreement that prevents the disclosure of factual information relating to a claim of discrimination, including harassment, in the individual's personnel file for 6 years.

It prohibits an employer from retaliating against an individual who opposes any act or practice that is unlawful under these provisions or interfering with an individual in the exercise or enjoyment of the rights granted or protected by these provisions. It provides the Department of Labor with the duty to enforce these provisions.

LD 1529 Amendment H-448 fiscal note
LD 1595 An Act To Enhance the Child Welfare Ombudsman Program Status: Referred to Health and Human Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1595
This bill makes the following changes to the laws governing the ombudsman program that provides ombudsman services to the children and families of the State regarding child welfare services provided by the Department of Health and Human Services.
  • 1. It provides that the program is an independent program operated as a nonprofit organization to provide investigative, oversight and advocacy services on a statewide basis.
  • 2. It requires the program to provide oversight of child welfare practice and policy to ensure the rights and safety of children and their families.
  • 3. It specifies staffing for the program.
  • 4. It provides that the Governor appoints the ombudsman, subject to review by the joint standing committee of the Legislature having jurisdiction over health and human services matters and to confirmation by the Legislature.
  • 5. It provides that the ombudsman serves a 7-year term of office.
  • 6. It requires the ombudsman to submit the ombudsman's budget recommendations, using a format prescribed by the State Budget Officer, as part of the unified current services budget legislation.
  • 7. It provides full-time program employees access to health insurance benefits provided to state employees and retirement benefits provided to state employees.
  • 8. It requires the program to provide services directly to individuals and families and authorizes the program to provide systemwide comment to the department and the joint standing committee of the Legislature having jurisdiction over health and human services matters.
  • 9. It requires the department to inform the ombudsman of any statewide policy or practice changes in child welfare before they take effect.
  • 10. It allows the ombudsman to participate in trainings, studies or policy development activities conducted by the department.
  • 11. It requires the ombudsman to be available to provide information about child welfare issues on a statewide basis to individuals and entities outside the department.
  • 12. It authorizes the ombudsman to disclose confidential information, records or case-specific reports to a joint standing committee, joint select committee or oversight committee of the Legislature meeting in executive session.


LD 1602 Resolve, Establishing the Working Group on Mental Health (Emergency) Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment S-213, tabled to Special Study in the Senate June 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1602
This resolve establishes the Working Group on Mental Health to assess the State's capacity to serve Maine citizens with behavioral health needs and propose a comprehensive mental health plan for the State.

Amendment S-213
This amendment, which is the unanimous report of the committee, changes the membership of the working group.

LD 1602 Amendment S-213 fiscal note
LD 1617 An Act To Create a Single-payer Health Care Program in Maine Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 15, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1617
This bill establishes a single-payer health care program in the State that provides health care services for Maine residents. The bill directs the Department of Health and Human Services to consult with the Department of Labor and the Department of Professional and Financial Regulation, Bureau of Insurance to develop the program. The bill requires the State to implement the program in 3 phases, based on income, beginning in 2022 for those residents not eligible for the MaineCare program. The bill also creates the Single-payer Implementation Task Force to advise the departments and make recommendations to fully implement the single-payer health care program. The program may not be implemented in 2022 without prior legislative approval.

LD 1630 Resolve, To Ensure Access to Opiate Addiction Treatment Status: Referred to Health and Human Services Committee, Work session held, May 10, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1630
This resolve directs the Department of Health and Human Services to set the weekly MaineCare reimbursement rate paid to outpatient opioid treatment providers at $110 per week, or at a higher rate if the department determines a higher rate is justified.

LD 1635 Resolve, To Improve Access to Early and Periodic Screening, Diagnostic and Treatment Services for Children from Birth to 8 Years of Age (Emergency) Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-182, Finally passed as an emergency measure, Signed into law June 13, 2019
LD 1635
This emergency resolve requires the Department of Health and Human Services, in consultation with the Department of Education, to convene the participants of the federally funded Developmental Systems Integration initiative to determine the capacity of the State to provide child find and early and periodic screening, diagnostic and treatment services to children from birth to 8 years of age, the gaps in services and the costs of addressing those gaps. The report must be submitted to the Joint Standing Committee on Health and Human Services no later than December 30, 2019.

Amendment S-182
This amendment requires the Department of Health and Human Services to convene a stakeholder group rather than convene the participants of the federally funded Developmental Systems Integration initiative. It also adds additional requirements to the report submitted to the Joint Standing Committee on Health and Human Services.

LD 1635 Chaptered Law
LD 1635 Chaptered Law fiscal note
LD 1637 An Act To Prevent Medicaid Payment from a Savings Account Established under the Federal ABLE Act of 2014 Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-179, Enacted, Signed into law June 17, 2019
LD 1637
This bill:
  • 1. Prohibits the State, or any agency or instrumentality of the State, from seeking payment from an ABLE account or its proceeds for MaineCare benefits provided to a beneficiary, unless otherwise required by federal law;
  • 2. Provides that funds held in an ABLE account must be disregarded when determining the designated beneficiary's eligibility for any means-tested public assistance program; and
  • 3. Provides that earnings on funds held in an ABLE account are exempt from taxation by the State.


Amendment S-179
This amendment, which is the unanimous report of the committee, clarifies the provisions regarding the exemption of an account established under a qualified ABLE program that complies with the requirements of the federal Achieving a Better Life Experience Act of 2014, Public Law 113-295 from Medicaid estate recovery to the extent permitted under federal law.

LD 1637 Chaptered Law
LD 1637 Chaptered Law fiscal note
LD 1650 An Act To Strengthen Consumer Protections in Health Care Status: Referred to Health Coverage, Insurance and Financial Services Committee, Work session held, May 21, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1650
This bill makes changes to the rating provisions for individual and small group health insurance plans to reduce the rating band for age and to require that the ratio on the basis of geographic area is 1.5 to 1 and that the ratio for age and geographic area may not exceed 2.5. The changes in the bill reinstate the rating provisions in place before the enactment of Public Law 2011, chapter 90.

LD 1655 An Act To Improve and Modernize Home-based Care Status: Referred to Health and Human Services Committee, Enacted in the House as amended by Committee amendment H-524, tabled to Special Appropriations in the Senate June 11, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1655
This bill:
  • 1. Establishes the Social Determinants of Health Stakeholder Advisory Group to collaborate with providers of home health care services and other services relating to the social determinants of health and make recommendations to the Department of Health and Human Services;
  • 2. Provides for reimbursement for telehealth or telemonitoring private duty nursing, home health services and personal care services for an adult MaineCare member with a physical disability or an adult who is elderly who is receiving MaineCare services under a waiver granted by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services for home-based and community-based services or state-funded home-based and community-based support services. The services must include:
    • A. Services that support a member's ability to remain in the member's home, including, but not limited to, telehealth and telemonitoring services that support a member's safety, mobility or medication compliance, or that support virtual home visits and clinical consultation; and
    • B. Services of a pharmacist to provide medication evaluation or consultation to a member;
  • 3. Expands the duties of the Maine Telehealth and Telemonitoring Advisory Group to include making recommendations about home technology to the Department of Health and Human Services;
  • 4. Directs the Department of Health and Human Services, beginning in 2020 and at least every 2 years thereafter and whenever legislation is enacted that affects the costs of providing private duty nursing, home health services and personal care services, to review the rates for providers of services under a waiver granted by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services for home-based and community-based services or state-funded home-based and community-based support services;
  • 5. Directs the Department of Health and Human Services to amend its rules for services provided under rule Chapter 101: MaineCare Benefits Manual, Chapter II, Sections 19, 40 and 96 and rule Chapter 5, Office of Elder Services Policy Manual, Section 63 so that:
    • A. A certified nurse practitioner licensed under the Maine Revised Statutes, Title 32, chapter 31 and a physician assistant licensed under Title 32, chapter 36 or 48 may authorize or amend a plan of care; and
    • B. Reimbursement is provided for activities performed outside of the home by a registered nurse licensed under Title 32, chapter 31 that are directly related to a member's care and are part of the member's plan of care;
  • 6. Directs the Department of Health and Human Services to convene a work group to review options for adjusting rates in order to provide health care coverage and paid sick leave to home-based and community-based care providers and to report the recommendations of the work group to the Joint Standing Committee on Health and Human Services; and
  • 7. Directs the Department of Health and Human Services to review its in-person supervisory requirement for home-based and community-based care providers to determine whether the use of technology that provides interactive, real-time communication is feasible and practical and to report its recommendations to the Joint Standing Committee on Health and Human Services.


Amendment H-524
This amendment removes the sections of the bill that establish the Social Determinants of Health Stakeholder Advisory Group within the Department of Health and Human Services, requires review of certain home-based and community-based MaineCare reimbursement rates every 2 years and convenes a work group to review options for adjusting reimbursement rates for home-based and community-based services. It requires the department to amend its rules for reimbursement for pharmacists conducting a medication evaluation or consultation in the home. It clarifies that certified nurse practitioners and physician assistants may only authorize or amend a plan of care under rule Chapter 101: MaineCare Benefits Manual, Chapter II, Section 40 after the Federal Government allows for it. It adds making recommendations to the department on best practices to the additional duties of the Maine Telehealth and Telemonitoring Advisory Group included in the bill. It also adds an appropriations and allocations section.

LD 1655 Amendment H-524 fiscal note
LD 1666 An Act To Require Certain Health Care Providers To Provide Patients Detailed Information on the Risks Associated with the Use of Opioid Medications and Schedule II Drugs Status: Referred to Health Coverage, Insurance and Financial Services Committee, Dead, Joint rule 310.3, May 21, 2019
LD 1666
This bill requires a health care provider who is a prescriber of any opioid medication or a medication that is a schedule II drug, before issuing an initial prescription and before issuing a 3rd prescription of an opioid medication or a medication that is a schedule II drug, to inform a patient of the risks of using the medication, the reason the medication is necessary and alternative treatments that may be available. It also requires the health care provider to include a note in the patient's medical record that the health care provider discussed the information with the patient.

LD 1684 An Act To Clarify the Right to Counsel for Juveniles and Improve Due Process for Juveniles Status: Referred to Judiciary Committee, Public hearing held, May 20, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1684
Currently, Maine has no minimum age at which a child may be prosecuted for a crime. The purpose of this bill is to prevent children under 12 years of age from being prosecuted for crimes, to prevent children under 14 years of age from being incarcerated, to eliminate the current requirement that, if committed, a juvenile must be committed for at least a year and to prevent courts from imposing dispositions against juveniles that involve commitment without exhausting all other less restrictive alternatives. The bill also mandates regular opportunities for judicial review of a juvenile's commitment in addition to providing an appellate avenue for relief from unfavorable reviews.

The bill provides that if a court imposes a disposition that involves incarceration, the court must conduct a detailed analysis on the record explaining the rationale for the disposition. Such a disposition is authorized only if the court finds certain criteria by clear and convincing evidence. If the court commits a juvenile to a facility, the bill requires periodic judicial review of the incarceration to ensure that the rehabilitative purposes of incarceration are not being outweighed by the harm caused by incarceration.

The overarching goal of this bill is to ensure that fewer children are in the juvenile justice system and that, if and when they do become involved in the system, there is a presumption against incarceration and a requirement for the regular review of any commitment imposed, in order to minimize the harm that incarceration can cause children.

This bill amends the statute governing a juvenile's right to counsel to specify that the right to counsel attaches at the juvenile's initial appearance and continues until the court no longer has jurisdiction over the juvenile, including all post-dispositional hearings and during the time of commitment. This bill also requires counsel appointed by the court to continue to represent the juvenile throughout all proceedings concerning the juvenile, unless relieved by the court.

LD 1698 An Act To Create Jobs and Slow Climate Change by Promoting the Production of Natural Resources Bioproducts Status: Referred to Taxation Committee, Engrossed in both chambers as amended by Committee amendment H-552, Enacted in both chambers June 19, 2019, Governor's action pending, Governor placed on hold, July 2, 2019
LD 1698
This bill provides a tax credit for the production of renewable chemicals by the conversion of renewable biomass from the forest, farms, the sea or solid waste. The credit is equal to 7¢ per pound of renewable chemical produced in the State, 9¢ per pound of renewable chemical produced in the State if the taxpayer demonstrates to the satisfaction of the Department of Economic and Community Development that the contractors hired or retained by a landowner to harvest renewable biomass used in production of the renewable chemicals are 3rd-party certified by the Northeast Master Logger program or successor program and at least 50% of the contractors' employees are residents of the United States or 12¢ per pound of renewable chemical produced in the State if the taxpayer demonstrates to the satisfaction of the Department of Economic and Community Development that the contractors hired or retained by a landowner to harvest renewable biomass used in such production are 3rd-party certified by the Northeast Master Logger program and at least 75% of the contractors' employees are residents of the United States. Renewable chemicals are defined to include chemicals, polymers, plastics and formulated products, and to exclude substances used for food, feed or fuel, with limited exceptions. The bill also reinstates the tax credit for commercial production and use of biofuels.

Amendment H-552
This amendment includes a provision permitting the Department of Administrative and Financial Services, Maine Revenue Services to provide to the Department of Economic and Community Development information necessary for administration of the renewable chemicals tax credit and strikes language that would create an overlap of the renewable chemicals tax credit and the credit for the commercial production and use of biofuels.

LD 1698 Amendment H-552 fiscal note
LD 1718 An Act To Exempt Purchases by Pet Food Pantries from Sales Tax Status: Referred to Taxation Committee, Enacted in the House as amended by Committee amendment S-241, tabled to Special Appropriations in the Senate June 11, 2019, Governor placed on hold, July 2, 2019, carried over to any regular or special session per Joint Order HP 1322
LD 1718
This bill provides an exemption from the sales and use tax for purchases made by nonprofit organizations that provide pet food and supplies for little or no charge to low-income owners of pets.

Amendment S-241
This amendment provides that, in order to be eligible for a sales tax exemption, an incorporated nonprofit organization must be organized for the purpose of providing food or other supplies intended for pets at no charge to owners of those pets. The amendment also adds an appropriations and allocations section.

LD 1718 Amendment S-241 fiscal note
LD 1735 An Act To Clarify the Pathway for a Registered Dispensary under the Maine Medical Use of Marijuana Act To Become a For-profit Entity (Emergency) Status: Referred to Health and Human Services Committee, Amended by Committee amendment S-214, Enacted as an emergency measure, Signed into law June 17, 2019
LD 1735
Public Law 2017, chapter 452 authorized registered dispensaries under the Maine Medical Use of Marijuana Act operating as nonprofit entities to become for-profit entities, but did not outline a pathway to follow for such a transaction. This bill:
  • 1. Specifies the possible pathways of merger, purchase and conversion for such a dispensary to become a for-profit entity;
  • 2. Provides that a registered dispensary operating as a nonprofit entity that reorganizes as a for-profit entity retains its registration certificate;
  • 3. Requires that a registered dispensary that reorganizes as a for-profit entity pay to the Medical Use of Marijuana Fund a percentage of the value of the sale or transfer of interest; and
  • 4. Requires that a registered dispensary that reorganizes as a for-profit entity pay to the Medical Use of Marijuana Fund 2% of gross sales for discounts to certain qualified patients.


Amendment S-214
This amendment, which is the unanimous report of the committee:
  • 1. Provides that the reorganization of a registered dispensary operating as a nonprofit entity to a for-profit entity may be accomplished only by any of the 8 registered dispensaries that were issued registration certificates as of April 1, 2018 and that operate as any type of nonprofit entity;
  • 2. Specifies that any exemptions from fiduciary duty and conflicts of interest otherwise required by the law do not apply for the limited purposes required in order for a registered dispensary operating as a nonprofit entity to reorganize as a for-profit entity;
  • 3. Clarifies that the triggering event for a registered dispensary to pay a fine to the Medical Use of Marijuana Fund is only upon the sale or transfer of interest within 4 years after the reorganization to a for-profit entity and provides that the cost of an appraisal required to determine the value of the sale or transfer of interest must be paid from the Medical Use of Marijuana Fund;
  • 4. Requires a registered dispensary that reorganizes as a for-profit entity or the dispensary's successor in interest to provide discounts in an amount that is not less than 2% of gross sales of the dispensary in the previous year to certain qualifying patients as a condition of registration. The Department of Administrative and Financial Services is required to submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 15, 2023 regarding the discounts provided. The requirement to provide discounts is repealed July 1, 2023; and
  • 5. Directs the Secretary of State to develop a form for use by registered dispensaries to accomplish the reorganization from a nonprofit to a for-profit entity.


LD 1735 Chaptered Law
LD 1735 Chaptered Law fiscal note

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