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Amend the resolve by striking out all of section 1 and inserting the following:
‘Sec. 1 Department of Health and Human Services to increase MaineCare rates. Resolved: That, upon approval of a waiver amendment from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, the Department of Health and Human Services shall amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 18, Allowances for Home and Community Based Services for Adults with Brain Injury, to increase rates for Home Support (Residential Habilitation) Level I to no less than $8.63 per quarter hour. The rules must specify that the increase in reimbursement rates must be applied to wages and benefits for direct support employees. For the purposes of this resolve, "direct support employees" means all employees who work directly with individuals on the waiver and receiving services in the home but does not include administrators and contract labor. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A; and be it further’
Amend the resolve in section 3 in the last line (page 1, line 22 in L.D.) by striking out the following: "personnel." and inserting the following: 'personnel; and be it further"
Amend the resolve by adding after section 3 the following:
‘Sec. 4 Department of Health and Human Services to submit waiver amendment. Resolved: That the Department of Health and Human Services shall submit a request to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services no later than October 1, 2017 to request approval to amend the brain injury waiver, rule Chapter 101: MaineCare Benefits Manual, Chapter III, Section 18, to increase MaineCare reimbursement rates pursuant to section 1; and be it further
Sec. 5 Increase to employee wages. Resolved: That, to qualify for the rate increase pursuant to section 1, an agency providing direct support employees must demonstrate, to the satisfaction of the Department of Health and Human Services, that an increase in wages and benefits for direct support employees has been granted that equals the amount of increase received as a result of the increased reimbursement. The increase must be granted or paid out retroactively from the date the Department of Health and Human Services begins reimbursing at the increased rates; and be it further
Sec. 6 Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
 
Medicaid Waiver for Brain Injury Residential/Community Serv Z160
 
Initiative: Provides funding to increase the rates for services provided under the brain injury waiver, Chapter 101: MaineCare Benefits Manual, Chapter III, Section 18 for members receiving Home Support (Residential Habilitation) Level I to no less than $8.63 per quarter hour and to allow up to 400 units of care coordination each year.

GENERAL FUND	2017-18	2018-19	
All Other	$233,169	$310,997	
			
GENERAL FUND TOTAL	$233,169	$310,997	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$233,169	$310,997	
			
DEPARTMENT TOTAL - ALL FUNDS	$233,169	$310,997	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
 
Medical Care - Payments to Providers 0147
 
Initiative: Provides funding to increase the rates for services provided under the brain injury waiver, Chapter 101: MaineCare Benefits Manual, Chapter III, Section 18 for members receiving Home Support (Residential Habilitation) Level I to no less than $8.63 per quarter hour and to allow up to 400 units of care coordination each year.

FEDERAL EXPENDITURES FUND	2017-18	2018-19	
All Other	$506,052	$674,631	
			
FEDERAL EXPENDITURES FUND TOTAL	$506,052	$674,631	

OTHER SPECIAL REVENUE FUNDS	2017-18	2018-19	
All Other	$47,184	$62,912	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$47,184	$62,912	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
FEDERAL EXPENDITURES FUND	$506,052	$674,631	
OTHER SPECIAL REVENUE FUNDS	$47,184	$62,912	
			
DEPARTMENT TOTAL - ALL FUNDS	$553,236	$737,543	

SECTION TOTALS	2017-18	2018-19	
			
GENERAL FUND	$233,169	$310,997	
FEDERAL EXPENDITURES FUND	$506,052	$674,631	
OTHER SPECIAL REVENUE FUNDS	$47,184	$62,912	
			
SECTION TOTAL - ALL FUNDS	$786,405	$1,048,540	
 
’
 
SUMMARY
This amendment clarifies that the Department of Health and Human Services must seek approval from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to amend the brain injury waiver to increase Home Support (Residential Habilitation) Level I rates to no less than $8.63 per quarter hour. It requires the increase in reimbursement to go to direct support employees.
This amendment also provides funding to increase the rates.
FISCAL NOTE REQUIRED
(See attached)