This bill proposes to allow a resident of this State or a corporation incorporated in this State that enters into a contract in this State for services or products to be provided exclusively in this State to bring suit or defend against suit in this State. It proposes to provide that contractual language that requires a resident of this State or a corporation incorporated in this State that has entered into a contract in this State for services or products to be provided exclusively in this State to submit to the jurisdiction of a court outside this State is void.

• 1. It adds 4 provisions to the laws regarding nontraditional limited purpose schools that were part of Department of Education rule Chapter 250 which has been repealed.
• 2. It adds response to intervention systems to the minimum requirements for basic school approval to ensure an all-encompassing, tiered system of support for general and special education students. It also clarifies that rules regarding those requirements are major substantive rules.
• 3. It facilitates collaboration between general education and special education, including a clarification that the Department of Education is required to facilitate a process to help schools apply for schoolwide status with respect to federal Title I funds.
• 4. It promotes dual certification programs by the Department of Education and the State Board of Education.
• 5. It requires recodification of the Maine Revised Statutes, Title 20-A, Part 4, subpart 1, concerning special education, by the Office of Policy and Legal Analysis and the Office of the Revisor of Statutes.
• 6. It requires a review of the purpose of the maintenance of effort funding component of the essential programs and services funding formula and whether it is accomplishing this purpose and how to increase equity among all school administrative units.
• 7. It requires a review and improvement of MaineCare billing systems and procedures through a pilot program through the Department of Education in collaboration with the Department of Health and Human Services.

• 1. Enhancement of response to intervention to become an all-encompassing multitiered system of support in all school administrative units and removing the regulations on general education interventions from Department of Education rule Chapter 101: Maine Unified Special Education Regulation Birth to Age Twenty and amending rule Chapter 125: Basic Approval Standards: Public Schools and School Administrative Units to include regulations on general education interventions;
• 2. Facilitation of the process by which schools apply for schoolwide status with respect to funds under Title I of the federal Elementary and Secondary Education Act of 1965;
• 3. Increased use of dual certification programs for general education and special education certifications;
• 4. Review of the maintenance of effort funding component of the essential programs and services funding formula; and
• 5. Improvement of regional programs that facilitate MaineCare billing for medically necessary services for schools.

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 bill proposes to enact measures designed to improve the State's capacity to use data regarding health care costs and health care systems. The State's ability to better analyze and use data regarding health care utilization and health care quality will serve to inform the State's health care policy.

This bill proposes to increase funding to the ConnectME Authority from $1,000,000 to $5,000,000 to expand universal broadband and high-speed Internet into rural areas identified as the 6% of the State unserved by high-speed Internet. This bill proposes to make expanding high-speed Internet into unserved rural areas a key emphasis in the economic development of and to multiply the return to the State by directing the ConnectME Authority to use the increased funding to increase the rate of strategic broadband investment and leverage additional federal funding to provide middle-mile and last-mile infrastructure in the unserved areas and to correct broadband deficiencies identified in the ConnectME Authority's baseline update of 2013.

Amendment H-698
This amendment replaces the bill, which is a concept draft. The amendment requires that 33% of sales and use tax revenue collected by the State Tax Assessor from marketplace facilitators, with respect to marketplace-facilitated sales, after required transfers to other funds be transferred to the ConnectME Authority to further deployment of high-speed Internet and broadband infrastructure to unserved and underserved areas of the State.

This amendment adds an emergency preamble and emergency clause to the bill.

LD 173 Amendment H-698 fiscal note

• 1. Adds language to specify that it is the policy of the State to ensure that nonpermanent records are preserved for the time required by an approved records retention schedule;
• 2. Removes the University of Maine System, the Maine Community College System and the Maine Maritime Academy from the definition of "state agency" for purposes of the Archives and Records Management Law;
• 3. Adds language to include the advice from the Archives Advisory Board in the State Archivist's consideration of what constitutes an archival record, to change the definition of "state agency" or "agency" to include all government agencies that transmit records to the Maine State Archives and to change the definition of "electronic records";
• 4. Adds language to specify the 2nd organizational unit within the Maine State Archives is records management and adds language to the Maine Revised Statutes, Title 5, section 94 that was stricken from Title 5, section 95 regarding powers and duties of the State Archivist;
• 5. Changes the laws governing the State Archivist to reflect the 2 organizational units of the Maine State Archives: archives services and records management. It adds language to strengthen the records management practices for all state and local government agencies by using 4 criteria in the development of a guiding records retention schedule: administrative use, legal requirements, fiscal and audit requirements and historical and research value;
• 6. Specifies when local government records may be destroyed;
• 7. Repeals and replaces the laws governing the Archives Advisory Board to change the expertise required of members, to provide that members are appointed by the Secretary of State and to provide 3-year terms for members; and
• 8. Removes the requirement that the Maine Historical Records Advisory Board report to the joint standing committee of the Legislature having jurisdiction over education and cultural affairs but retains the requirement that the board report to the joint standing committee of the Legislature having jurisdiction over state and local government matters, which is the committee of oversight for the Maine State Archives. It also removes a reference to funding a full-time position that was eliminated in Public Law 2015, chapter 480.

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.

• 1. Removing the words "acquire," "process," "prepare" and "preserve" from the enumeration of the elements of an individual's right to food;
• 2. Removing language limiting the methods of acquisition of food to hunting, gathering, foraging, farming, fishing and gardening and obtaining seeds by barter, trade or purchase;
• 3. Removing language establishing a fundamental right to be free from hunger, malnutrition, starvation and the endangerment of life due to scarcity of or lack of access to food; and
• 4. Specifying that the right to food does not allow an individual to commit trespassing, theft, poaching or other abuses of private property rights, public lands or natural resources in the harvesting, production or acquisition of food; and
• 5. Changing the question to reflect the changes made by this amendment.

This bill proposes to establish a task force to study the benefits, assessments and expansion of continuing education programs for young adults with disabilities after high school. The members of the task force would include a variety of experts, providers and parents, and the task force would be charged with developing recommendations to enhance the coordination of programs and recommend targeted reforms to ensure the most efficient and effective provision of services. This bill would also implement targeted reforms that have been recommended by existing or previous task forces.

Amendment H-126
This amendment establishes the Task Force To Study the Coordination of Services and Expansion of Educational Programs for Young Adults with Disabilities. The membership of the task force consists of Legislators who serve on the joint standing committees of the Legislature having jurisdiction over education and cultural affairs, health and human services matters and labor and housing matters, the Commissioner of Education, the Commissioner of Health and Human Services and the Commissioner of Labor and members of organizations or associations knowledgeable about services for young adults with disabilities after high school. The Commissioner of Education convenes the task force, which must hold a minimum of 4 meetings and submit a report to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs, health and human services matters and labor and housing matters on recommendations and targeted reforms to improve the efficiency and effectiveness of services provided by different agencies and continuing educational opportunities for young adults with disabilities after high school.

LD 852 Amendment H-126 fiscal note

The amendment also stipulates that 50% of the costs of the early childhood consultation program established under the bill is to be funded using funds transferred to the Department of Education by the Department of Health and Human Services that are provided to the Department of Health and Human Services under the Temporary Assistance for Needy Families block grant that are available under Title IV-A of the United States Social Security Act or that are transferred to the Department of Health and Human Services from that block grant authorized under Title XX of the United States Social Security Act.

• 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.

• 1. Standards for public preschool programs;
• 2. A process for approval and certification of programs not operated by a school administrative unit, including, but not limited to, a Head Start program or other program affiliated with the school administrative unit; and
• 3. Funding for public preschool programs.
• The Joint Standing Committee on Education and Cultural Affairs may report out legislation to the Second Regular Session of the 129th Legislature to implement the recommendations in the report.

• 1. License up to 11 agency liquor stores in a municipality with a population over 60,000. Under current law, the maximum number of agency liquor stores that may be licensed in a municipality with a population over 45,000 is 10; and
• 2. License up to 7 agency liquor stores in a municipality with a population over 15,000 but less than 20,001 and 6 agency liquor stores in a municipality with a population over 10,000 but less than 15,001. Currently, 5 agency liquor stores are allowed in a municipality with a population over 10,000 but less than 20,001.

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

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 bill proposes to require postsecondary institutions to meet the expected family contribution without additional loan burdens on students. The expected family contribution is an index number that postsecondary institutions use to determine how much financial aid a student would receive annually if the student were to attend that postsecondary institution. Included in financial aid packages are federal Stafford loans, which are fixed-rate student loans originated by the Federal Government. This bill is designed to limit exposure of a student's loan burden to federal Stafford loans only.

• 1. It changes the name of the occupation licensed from "dental hygiene therapist" to "dental therapist" to conform to the name used by other state licensing boards and the American Dental Association Commission on Dental Accreditation.
• 2. It identifies the educational requirement as a master's degree in dental therapy. It also clarifies that a dental therapy program must either be accredited by the American Dental Association Commission on Dental Education or approved by the Board of Dental Practice by rulemaking consistent with the curriculum standards of a dental therapy program as adopted by the American Dental Association Commission on Dental Education.
• 3. It requires a provisional dental therapist and a dental therapist to maintain a current certification in advanced cardiac life support.
• 4. It clarifies the level of supervision of a provisional dental therapist to require both direct and general supervision as identified in a written practice agreement with a supervising dentist. It authorizes a dental therapist to practice under the general supervision instead of direct supervision of a dentist pursuant to a written practice agreement.
• 5. It removes the practice setting requirements.

• 1. It changes the maximum eligibility level for family income from 200% of the federal poverty level to 325% of the federal poverty level.
• 2. It removes the 3-month waiting period for enrollment in the Cub Care program following the loss of health insurance or coverage under an employer-based plan.
• 3. It establishes that eligibility is not subject to an asset test.
• 4. It provides coverage to persons 19 and 20 years of age and to noncitizens under 21 years of age. The Department of Health and Human Services is required to use state funds to fund the program but may apply for waivers or state plan amendments to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to receive federal matching funds.
• 5. It repeals the provisions regarding premium payments for the Cub Care program.
• 6. It requires the department to contract for outreach activities rather than providing them directly. The department must have a contract or contracts in place no later than January 1, 2020. The department is also required to seek federal grant funds for additional outreach activities under the federal Helping Ensure Access for Little Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act, Public Law 115-120 and the federal Advancing Chronic Care, Extenders and Social Services (ACCESS) Act, Public Law 115-123.
• 7. It requires the department to submit a state plan amendment to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to implement the use of the express lane eligibility option no later than January 1, 2020 and to implement it no later than 6 months after receiving approval.

• 1. It changes the maximum eligibility level for family income from 325% of the federal poverty level to 300% of the federal poverty level.
• 2. It directs the Department of Health and Human Services to submit any waivers or state plan amendments to accomplish the eligibility criteria established in this legislation, including but not limited to removing the 3-month waiting period for enrollment in the Cub Care program following the loss of health insurance or coverage under an employer-based plan.
• 3. It removes the provision that eligibility is not subject to an asset test because current rules do not make eligibility subject to an asset test.
• 4. It removes the requirement to provide coverage to persons 19 and 20 years of age and to noncitizens under 21 years of age.
• 5. It removes the requirement that the department contract for outreach activities and removes the reference to specific federal grant funds the department must seek for additional outreach activities.
• 6. It removes the requirement for the department to submit a state plan amendment to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to implement the use of the express lane eligibility option.
• 7. It makes the repeal of the waiting period and premium payment requirements under the Cub Care program contingent on the approval of a waiver of those requirements by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services.
• 8. It also adds an appropriations and allocations section.

• 1. Amends certain provisions governing the Children's Cabinet;
• 2. Eliminates the Maine Children's Growth Council;
• 3. Eliminates the Child Care Advisory Council; and
• 4. Establishes the Maine Children's Cabinet Early Childhood Advisory Council to develop and evaluate under the direction of the Children's Cabinet a plan for the healthy development of the State's young children and their families.

The amendment also requires the council to submit its annual report to the joint standing committees of the Legislature having jurisdiction over education and cultural affairs and health and human services matters in addition to the Children's Cabinet.

• 1. A person who held an active credential or endorsement during the school year preceding the adoption of revisions to the rules;
• 2. A person who held an active conditional certificate during the school year preceding the adoption of revisions to the rules;
• 3. A person who has completed an educator preparation program and who has qualified for a recommendation for certification as a teacher during the school year preceding the adoption of revisions to the rules;
• 4. A person enrolled in an educator preparation program during the school year preceding the adoption of revisions to the rules; or
• 5. A person who began the application process for professional teacher certification with the Department of Education during the school year preceding the adoption of revisions to the rules.

• 1. It establishes the Review Committee on Proposed Legislation as a board with minimal authority and provides that members are not entitled to compensation.
• 2. It requires the joint standing committee of the Legislature that considers proposed legislation that would establish or substantially expand mandated instruction or training for students in elementary or secondary school to hold a public hearing on the proposal and then either vote to request that the Commissioner of Education convene the Review Committee on Proposed Legislation to review the proposal and report to the joint standing committee by a specific date chosen in consultation with the Department of Education or hold a work session to work and vote on the proposed legislation.
• 3. It requires the Commissioner of Education to appoint the Review Committee on Proposed Legislation's members, including teachers, administrators and content specialists within the Department of Education and a representative of an association of statewide curriculum leaders, and requires the review committee to invite the sponsor of the proposed legislation to participate in its evaluation.
• 4. It adds that, as part of the evaluation, the Review Committee on Proposed Legislation must analyze the positive and negative effects of the proposed legislation and the costs to implement the proposal.
• 5. It requires the Commissioner of Education or the commissioner's designee to present the final report of the Review Committee on Proposed Legislation to the joint standing committee.

• 1. It clarifies that the prior authorization limitations in the bill apply to medication-assisted treatment and intensive outpatient therapy services for a diagnosis of opioid use disorder.
• 2. It allows the Department of Health and Human Services to require prior authorization under the MaineCare program when a dosage increase exceeds the department's dosing criteria as identified on the department's MaineCare preferred drug list.
• 3. It authorizes the department to adopt routine technical rules to implement the prior authorization limitations.
• 4. It states that the prior authorization limitations must be applied in a manner that is not inconsistent with the requirements of the Medicaid drug rebate program.

Like the bill, the amendment prohibits a health insurance carrier or dental insurer from imposing a waiting period for any dental or oral health service or treatment, except for orthodontic treatment, for an enrollee under 19 years of age. The bill allocates the prohibition to the Maine Insurance Code, chapter 56-A. The amendment allocates the prohibition to the appropriate chapters of the Maine Insurance Code to ensure the prohibition applies to stand-alone dental insurance plans and to health insurance plans that provide coverage for dental or oral health services.

The amendment makes clear that the provisions apply to policies and contracts issued or renewed on or after January 1, 2021.

It requires the department, before initiating rulemaking, to complete an impact study setting forth the rationale for the proposed changes, the financial impacts on affected families and providers of school-based services, potential service delays and other issues relating to state and federal law. The department is required to seek and consider input from affected provider groups, schools, children and family advocacy groups, the Department of Education, the Child Development Services System and other stakeholders and is also required to incorporate into the study the recommendations and implementation plan for early intervention services in public schools that will be forthcoming from the review of the State's early childhood special education services being carried out pursuant to Public Law 2019, chapter 343, Part VVVV. This report, produced by an independent entity, is due to be completed on December 1, 2020.

It requires the department to submit the completed study and a further report regarding any proposed rules or modifications to current rule pertaining to medically necessary school-based services to the joint standing committee of the Legislature having jurisdiction over health and human services matters no later than April 1, 2021. The joint standing committee is authorized to report out legislation relating to the subject matter of the study and the report to the First Regular Session of the 130th Legislature.