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Resolve, To Increase Funding for Assertive Community Treatment
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation needs to take effect before the expiration of the 90-day period because MaineCare reimbursement rates for providing individualized intensive integrated mental health services have not been adjusted in many years and are insufficient to enable some providers to continue to provide services; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1 Department of Health and Human Services to increase MaineCare reimbursement for adults with serious mental illness. Resolved: That the Department of Health and Human Services shall increase reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 for assertive community treatment by 25% for the period from the effective date of this resolve to June 30, 2020.
Sec. 2 Rate study. Resolved: That the Department of Health and Human Services shall contract with a 3rd party to conduct a rate study of reimbursement rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 for assertive community treatment. The rate study must develop a rate that is set on a per member per month basis. The rate study must also take into account the costs to providers of delivering the services, including the addition of peer supports to the treatment team. The rate study must be completed no later than December 1, 2019.
Sec. 3 Report. Resolved: That the Department of Health and Human Services shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters with the findings of the rate study conducted pursuant to section 2 no later than January 30, 2020.
Sec. 4 Rulemaking. Resolved:  That the Department of Health and Human Services is authorized to adopt rules to implement new rates developed pursuant to the rate study in section 2 as long as those rates are no lower than the rates of reimbursement in effect on April 1, 2019 and the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services approves the reimbursement rates. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
Sec. 5 Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Medical Care - Payments to Providers 0147
 
Initiative: Provides funding for a one-time increase to certain rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 by 25% until June 30, 2020.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$205,000	$820,000	$0	
				
GENERAL FUND TOTAL	$205,000	$820,000	$0	

FEDERAL EXPENDITURES FUND	2018-19	2019-20	2020-21	
All Other	$361,000	$1,444,200	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	$361,000	$1,444,200	$0	

Office of MaineCare Services 0129
 
Initiative: Provides funding to contract with a 3rd party to conduct a rate study of certain rates under rule Chapter 101: MaineCare Benefits Manual, Chapters II and III, Section 17 to be completed no later than December 1, 2019.

GENERAL FUND	2018-19	2019-20	2020-21	
All Other	$50,000	$0	$0	
				
GENERAL FUND TOTAL	$50,000	$0	$0	

FEDERAL EXPENDITURES FUND	2018-19	2019-20	2020-21	
All Other	$50,000	$0	$0	
				
FEDERAL EXPENDITURES FUND TOTAL	$50,000	$0	$0	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF				
DEPARTMENT TOTALS	2018-19	2019-20	2020-21	
				
GENERAL FUND	$255,000	$820,000	$0	
FEDERAL EXPENDITURES FUND	$411,000	$1,444,200	$0	
				
DEPARTMENT TOTAL - ALL FUNDS	$666,000	$2,264,200	$0	
 
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
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.