APPROVED CHAPTER
JULY 27, 2023 458
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
H.P. 764 - L.D. 1204
An Act to Improve the Health of Maine Residents by Closing Coverage Gaps
in the MaineCare Program for Incarcerated Persons
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3174-CC, as repealed and replaced by PL 2019, c. 492, §2, is
amended to read:
§3174-CC. Medicaid eligibility during incarceration
1. Establish procedures. The department shall establish procedures to ensure that:
A. A person receiving federally approved Medicaid services prior to incarceration in
a correctional facility, county jail or regional jail does not lose Medicaid eligibility as
a result of that incarceration and receives assistance with reapplying for benefits if that
person's Medicaid coverage expires or is terminated during the term of incarceration;
and
B. A person who is not receiving federally approved Medicaid services prior to
incarceration in a correctional facility, county jail or regional jail but meets the
eligibility requirements for Medicaid receives assistance with applying for federally
approved Medicaid services.
2. Presumptive eligibility. If a MaineCare provider determines that a person who is
incarcerated in a correctional facility, county jail or regional jail who does not have
Medicaid coverage is likely to be eligible for services under this section, the provider must
be reimbursed for services provided under this section in accordance with 42 Code of
Federal Regulations, Section 435.1101.
3. Memorandum of understanding with Department of Corrections. The
department and the Department of Corrections shall enter into a memorandum of
understanding in order to provide an a person who is incarcerated person in a correctional
facility with assistance in applying for benefits under this section and section 3104,
subsection 17.
4. Memorandum of understanding with counties. No later than January 1, 2024,
the department shall enter into a memorandum of understanding with counties in this State
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that have a county jail or a regional jail in order to provide a person who is incarcerated in
a county jail or a regional jail with assistance in applying for benefits under this section.
5. MaineCare coverage prior to release. During at least the 90-day period prior to
the release of an individual from incarceration in a correctional facility, county jail or
regional jail, the department shall provide reimbursement under the MaineCare program
for services that can be provided under the program to individuals who are incarcerated and
that facilitate an individual's transition back into the community.
The provisions of this section apply even if Medicaid coverage is limited during the
period of incarceration in a correctional facility, county jail or a regional jail. Nothing in
this section requires or permits the department to maintain an incarcerated person's
Medicaid eligibility if the person no longer meets eligibility requirements.
Sec. 2. Report regarding memorandums of understanding. No later than
January 1, 2024, the Department of Health and Human Services shall report to the Joint
Standing Committee on Health and Human Services on the progress made toward entering
into memorandums of understanding with counties in the State that have a county jail or a
regional jail as required by the Maine Revised Statutes, Title 22, section 3174-CC,
subsection 4. The committee may report out legislation related to the report to the Second
Regular Session of the 131st Legislature.
Sec. 3. Federal waiver. No later than 18 months after the effective date of this Act,
the Department of Health and Human Services shall apply to the United States Department
of Health and Human Services, Centers for Medicare and Medicaid Services for a waiver
pursuant to Section 1115 of the United States Social Security Act to provide during at least
the 90-day period prior to the release of an individual from incarceration in a correctional
facility, county jail or regional jail reimbursement under the MaineCare program for
services that can be provided under the program to individuals who are incarcerated and
that facilitate an individual's transition back into the community.
Sec. 4. Appropriations and allocations. The following appropriations and
allocations are made.
CORRECTIONS, DEPARTMENT OF
Correctional Medical Services Fund 0286
Initiative: Deappropriates funding for medical services that will now be covered by the
MaineCare program.
GENERAL FUND 2023-24 2024-25
All Other $0 ($1,115,715)
__________ __________
GENERAL FUND TOTAL $0 ($1,115,715)
CORRECTIONS, DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
GENERAL FUND $0 ($1,115,715)
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 ($1,115,715)
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HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding for the Department of Health and Human Services to provide
reimbursement under the MaineCare program for services that can be provided under the
program to individuals who are incarcerated and that facilitate an individual's transition
back into the community, for at least the 90-day period prior to release of an individual
from incarceration in a county jail, regional jail or a correctional facility.
GENERAL FUND 2023-24 2024-25
All Other $0 $433,232
__________ __________
GENERAL FUND TOTAL $0 $433,232
FEDERAL EXPENDITURES FUND 2023-24 2024-25
All Other $0 $2,800,724
__________ __________
FEDERAL EXPENDITURES FUND TOTAL $0 $2,800,724
Office for Family Independence Z020
Initiative: Provides one-time funding for required technology development and testing.
GENERAL FUND 2023-24 2024-25
All Other $31,725 $0
__________ __________
GENERAL FUND TOTAL $31,725 $0
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
All Other $97,472 $0
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $97,472 $0
Office for Family Independence - District 0453
Initiative: Provides funding to establish one Eligibility Specialist position.
GENERAL FUND 2023-24 2024-25
Personal Services $20,788 $21,793
All Other $1,634 $1,634
__________ __________
GENERAL FUND TOTAL $22,422 $23,427
OTHER SPECIAL REVENUE FUNDS 2023-24 2024-25
POSITIONS - LEGISLATIVE COUNT 1.000 1.000
Personal Services $62,364 $65,380
All Other $6,526 $6,599
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $68,890 $71,979
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Office of MaineCare Services 0129
Initiative: Provides one-time funding for required technology development and testing.
GENERAL FUND 2023-24 2024-25
All Other $94,422 $0
__________ __________
GENERAL FUND TOTAL $94,422 $0
FEDERAL EXPENDITURES FUND 2023-24 2024-25
All Other $290,103 $0
__________ __________
FEDERAL EXPENDITURES FUND TOTAL $290,103 $0
HEALTH AND HUMAN SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS 2023-24 2024-25
GENERAL FUND $148,569 $456,659
FEDERAL EXPENDITURES FUND $290,103 $2,800,724
OTHER SPECIAL REVENUE FUNDS $166,362 $71,979
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $605,034 $3,329,362
SECTION TOTALS 2023-24 2024-25
GENERAL FUND $148,569 ($659,056)
FEDERAL EXPENDITURES FUND $290,103 $2,800,724
OTHER SPECIAL REVENUE FUNDS $166,362 $71,979
__________ __________
SECTION TOTAL - ALL FUNDS $605,034 $2,213,647
Sec. 5. Contingent effective date. The Maine Revised Statutes, Title 22, section
3174-CC, subsection 5 does not take effect unless:
1. The United States Department of Health and Human Services, Centers for Medicare
and Medicaid Services approves the federal waiver sought under section 3; and
2. The Commissioner of Health and Human Services notifies the Secretary of State,
the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of
Statutes that written approval for the waiver has been received.
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Statutes affected:
Bill Text LD 1204, HP 764: 22.3174
Bill Text ACTPUB , Chapter 458: 22.3174