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Amend the bill in section 1 in §3174-ZZ in the first paragraph in the last line (page 1, line 10 in L.D.) by inserting after the following: "occurs first." the following: 'The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.'
Amend the bill by adding after section 1 the following:
‘Sec. 2. Waiver request. No later than January 1, 2018, the Department of Health and Human Services shall submit a waiver request to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services that requests approval for Medicaid coverage of a parent who has one or more children removed from the home but remains engaged in reunification efforts as established in the Maine Revised Statutes, Title 22, section 3174-ZZ. The department shall take all reasonable and necessary steps to seek approval of the waiver. Upon approval of the waiver request, the Commissioner of Health and Human Services shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes of that fact.
Sec. 3. Report. The Department of Health and Human Services shall report quarterly to the joint standing committee of the Legislature having jurisdiction over health and human services matters, beginning October 1, 2017, on the department’s progress in seeking a waiver under section 2 and implementing rules under section 4 until the process is complete.
Sec. 4. Rulemaking. Within 180 days of receiving approval for coverage by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services pursuant to a request in accordance with section 2, the Department of Health and Human Services shall adopt rules to implement the Maine Revised Statutes, Title 22, section 3174-ZZ. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
 
Medical Care - Payments to Providers 0147
 
Initiative: Provides appropriations and allocations 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.

GENERAL FUND	2017-18	2018-19	
All Other	$0	$1,252,073	
			
GENERAL FUND TOTAL	$0	$1,252,073	

FEDERAL EXPENDITURES FUND	2017-18	2018-19	
All Other	$0	$2,259,067	
			
FEDERAL EXPENDITURES FUND TOTAL	$0	$2,259,067	

State-funded Foster Care/Adoption Assistance 0139
 
Initiative: Deappropriates savings achieved by providing 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.

GENERAL FUND	2017-18	2018-19	
All Other	$0	($1,192,416)	
			
GENERAL FUND TOTAL	$0	($1,192,416)	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)			
DEPARTMENT TOTALS	2017-18	2018-19	
			
GENERAL FUND	$0	$59,657	
FEDERAL EXPENDITURES FUND	$0	$2,259,067	
			
DEPARTMENT TOTAL - ALL FUNDS	$0	$2,318,724	
 
Sec. 6. Contingent effective date. That section of this Act that enacts the Maine Revised Statutes, Title 22, section 3174-ZZ takes effect only if the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services approves a waiver request submitted in accordance with section 2 of this Act. In no event may this Act take effect until 90 days after the adjournment of the First Regular Session of the 128th Legislature.’
 
SUMMARY
This amendment, which is the majority report of the committee, requires the Department of Health and Human Services to submit a waiver request no later than January 1, 2018 to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to implement the provisions of the Maine Revised Statutes, Title 22, section 3174-ZZ. 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, 2017 until the process is complete. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)