LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
391
JULY 1, 2021 PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 773 - L.D. 1045
An Act To Support Universal Health Care
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-G, sub-§14-J is enacted to read:
14-J.
Health Care Maine Health Care Board Compensation 24-A MRSA
determined under 24-A §7503
MRSA §7503, sub-§3
Sec. 2. 24-A MRSA c. 97 is enacted to read:
CHAPTER 97
MAINE HEALTH CARE ACT
§7501. Short title
This chapter may be known and cited as "the Maine Health Care Act."
§7502. Maine Health Care Plan
1. Plan established; requirements. The Maine Health Care Plan is established to
provide for all medically necessary health care services for all residents of the State. The
plan must be designed by the Maine Health Care Board under section 7503 in accordance
with any requirements of federal law and may not be implemented until the State obtains a
waiver for a state-based universal health care plan and receives federal financing to support
the implementation of such a plan and until legislation is enacted in accordance with section
7503, subsection 4, paragraph F.
§7503. Maine Health Care Board
1. Establishment. The Maine Health Care Board, as established in Title 5, section
12004-G, subsection 14-J, is created to oversee planning and implementation of the Maine
Health Care Plan in accordance with section 7502 and, once fully implemented, to
administer the Maine Health Care Plan.
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 2. Board composition. The Maine Health Care Board consists of 17 members,
appointed by the Governor subject to review by the joint standing committee of the
Legislature having jurisdiction over health coverage matters and to confirmation by the
Legislature, as follows:
A. Five patient members who would not otherwise qualify for appointment as a
member described in paragraph B or C;
B. Five employer members; and
C. Seven health care providers as follows:
(1) Two physicians, at least one of whom must be a primary care physician;
(2) One registered nurse;
(3) One mental health provider;
(4) One dentist;
(5) One integrative medicine provider; and
(6) One health care facility director.
3. Term and compensation; selection of chair. Maine Health Care Board members
serve 4-year terms. Board members shall set the board's compensation at an amount not to
exceed the compensation of Public Utilities Commission members. The board shall select
a chair from its membership.
4. General duties. The Maine Health Care Board shall:
A. Ensure that all of the requirements of this chapter are met;
B. Conduct or contract for any necessary actuarial and economic analyses needed to
support the development of a plan pursuant to section 7502 that meets all requirements
of this chapter and in federal law;
C. Hire any necessary staff;
D. Collaborate with the Maine Health Data Organization and the Maine Quality Forum
to assist the board in carrying out the purposes of this chapter;
E. Establish a detailed timeline for implementation and submit for federal approval any
necessary waivers for the plan under section 7502;
F. Upon federal approval of a waiver pursuant to paragraph E or, if required by federal
law or regulation, prior to submission of a waiver application, make recommendations
to implement the plan under section 7502, including necessary statutory changes to
establish requirements for benefits under the plan; eligibility for the plan; provider
participation and payments; and financing for the plan. The joint standing committee
of the Legislature having jurisdiction over health coverage matters shall report out
legislation based on the board’s recommendations to any regular or special session of
the Legislature;
G. Once implemented, administer all aspects of the plan under section 7502;
H. Conduct activities the board considers necessary to carry out the purposes of this
chapter; and
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 I. Adopt rules as necessary to carry out the purposes of this chapter. Rules adopted
pursuant to this paragraph are routine technical rules as described in Title 5, chapter
375, subchapter 2-A.
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 24-A,
section 7503, subsection 3, with regard to the original appointments of the members of the
Maine Health Care Board, within 60 days of the effective date of this Act, the Governor
shall appoint 4 members for a 2-year term, 5 members for a 3-year term and the 8 remaining
members for a 4-year term.
Sec. 4. Contingent effective date. This Act does not take effect unless:
1. Federal law is enacted that authorizes a state to obtain a waiver to establish a state-
based universal health care plan and to receive federal financing for that plan; and
2. The Superintendent of Insurance within the Department of Professional and
Financial Regulation notifies the Secretary of State, the Secretary of the Senate, the Clerk
of the House of Representatives and the Revisor of Statutes that the contingency set forth
in subsection 1 has been met.
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