129th MAINE LEGISLATURE FIRST REGULAR SESSION-2019

Legislative Document No. 706 S.P. 219 In Senate, February 11, 2019

An Act To Reduce the Incidence of Obesity and Chronic Disease in the State

Reference to the Committee on Health and Human Services suggested and ordered printed.

DAREK M. GRANT Secretary of the Senate

Presented by Senator LIBBY of Androscoggin. Cosponsored by Senators: CLAXTON of Androscoggin, GRATWICK of Penobscot, SANBORN, L. of Cumberland, Representatives: CRAVEN of Lewiston, HYMANSON of York, MADIGAN of Waterville, PERRY of Calais.

Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:

2 Sec. 1. 22 MRSA §§3174-BBB and 3174-CCC are enacted to read: 3 §3174-BBB. Medical nutritional therapy; rules

4 The department shall provide for the reimbursement under the MaineCare program 5 for medical nutritional therapy services to treat obesity, unhealthy weight, hypertension, 6 diabetes, prediabetes, disorders of lipid metabolism, HIV infection, unintended weight 7 loss in older adults, chronic kidney disease, gastrointestinal conditions, malnutrition and 8 inappropriate eating habits. Medical nutritional therapy services may be provided by 9 physicians licensed pursuant to Title 32, chapter 36 or 48, dietitians licensed pursuant to 10 Title 32, chapter 104 or nurse practitioners licensed pursuant to Title 32, chapter 31 who 11 practice in hospitals, outpatient settings or private offices.

12 As used in this section, "medical nutritional therapy" means a therapeutic approach to 13 treating medical conditions and their associated symptoms by use of counseling and a 14 specifically tailored diet devised and monitored by a physician licensed pursuant to Title 15 32, chapter 36 or 48, a dietitian licensed pursuant to Title 32, chapter 104 or a nurse 16 practitioner licensed pursuant to Title 32, chapter 31.

17 The department shall adopt rules to implement this section. Rules adopted pursuant 18 to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 19 2-A.

20 §3174-CCC. Prescription drug therapy; rules

21 The department shall provide for the reimbursement under the MaineCare program 22 for prescription drug therapy services to treat obesity, unhealthy weight, hypertension, 23 diabetes, prediabetes, disorders of lipid metabolism, HIV infection, unintended weight 24 loss in older adults, chronic kidney disease, gastrointestinal conditions, malnutrition and 25 inappropriate eating habits. Prescription drug therapy services may be provided by 26 physicians licensed pursuant to Title 32, chapter 36 or 48 or nurse practitioners licensed 27 pursuant to Title 32, chapter 31 who practice in hospitals, outpatient settings or private 28 offices.

29 The department shall adopt rules to implement this section. Rules adopted pursuant 30 to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 31 2-A.

32 SUMMARY 33 This bill provides for reimbursement under the MaineCare program for medical 34 nutritional therapy and prescription drug therapy.

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