Legislative Document No. 1655 H.P. 1191 House of Representatives, April 30, 2019
An Act To Improve and Modernize Home-based Care
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative MEYER of Eliot. Cosponsored by Senator MOORE of Washington and Representatives: MADIGAN of Waterville, PERRY of Calais, STOVER of Boothbay.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA §12004-I, sub-§39-A is enacted to read: 3 39-A. 4 Human Services Social Determinants Not Authorized 22 MRSA §3173-J 5 of Health 6 Stakeholder 7 Advisory Group
8 Sec. 2. 22 MRSA §3173-H, sub-§5, ¶¶C and D, as enacted by PL 2017, c. 307, 9 §2, are amended to read: 10 C. Must provide that group therapy for behavioral health or addiction services 11 covered by the MaineCare program may be delivered through telehealth; and 12 D. Must include requirements for individual providers and the facility or 13 organization in which the provider works for providing telehealth and telemonitoring 14 services.; and 15 Sec. 3. 22 MRSA §3173-H, sub-§5, ¶E is enacted to read: 16 E. Must require that the department provide reimbursement for telehealth or 17 telemonitoring private duty nursing, home health services and personal care services 18 for an adult MaineCare member with a physical disability or an adult who is elderly 19 who is receiving MaineCare services under a waiver granted by the federal 20 Department of Health and Human Services, Centers for Medicare and Medicaid 21 Services for home-based and community-based services or state-funded home-based 22 and community-based support services. The services to be reimbursed must include 23 the following: 24 (1) Services that support a member's ability to remain in the member's home, 25 including, but not limited to, telehealth and telemonitoring services that support a 26 member's safety, mobility or medication compliance, or that support virtual home 27 visits and clinical consultation; and 28 (2) Services of a pharmacist to provide medication evaluation or consultation to 29 a member. 30 Sec. 4. 22 MRSA §3173-I, sub-§3, as enacted by PL 2017, c. 307, §3, is 31 amended to read:
32 3. Duties. The advisory group shall: 33 A. Evaluate technical difficulties related to telehealth and telemonitoring services; 34 and 35 B. Make recommendations to the department to improve telehealth and 36 telemonitoring services statewide.; and
Page 1 - 129LR1678(01)-1 1 C. Make recommendations to the department on the use of technologies that can be 2 used in a home. 3 Sec. 5. 22 MRSA §3173-J is enacted to read: 4 §3173-J. Social Determinants of Health Stakeholder Advisory Group
5 The Social Determinants of Health Stakeholder Advisory Group, as established by 6 Title 5, section 12004-I, subsection 39-A and referred to in this section as "the advisory 7 group," is created within the department.
8 1. Membership. The advisory group consists of the commissioner or the 9 commissioner's designee and 5 other members appointed by the commissioner as follows: 10 A. A representative of an organization that provides home health care services as 11 defined in section 3172; 12 B. A representative of an organization that works to reduce food insecurity; 13 C. A representative of an organization that provides housing assistance; 14 D. A representative of an organization that promotes public health; and 15 E. A representative of an organization that supports the aging process. 16 2. Terms; quorum. The appointed members serve for 3-year terms and may be 17 reappointed. Four members constitute a quorum.
18 3. Meetings. The advisory group shall hold at least one regular meeting and no 19 more than 4 meetings each year.
20 4. Duties. The advisory group shall: 21 A. Collaborate with providers of home health care services and other services 22 relating to the social determinants of health; and 23 B. Make recommendations to the department to increase collaboration and sharing of 24 resources among service providers to improve MaineCare members' health and 25 reduce unnecessary use of health care services. 26 For the purposes of this section, "social determinants of health" means a person's 27 social, economic and physical environments that affect the person's health.
28 Sec. 6. 22 MRSA §3174-BBB is enacted to read: 29 §3174-BBB. Compensation for care provided to the elderly or persons with physical 30 disabilities
31 1. Reimbursement. The department shall provide for the reimbursement under the 32 MaineCare program for private duty nursing, home health services and personal care 33 services provided to adult MaineCare members with physical disabilities or who are 34 elderly and receiving services under a waiver granted by the federal Department of 35 Health and Human Services, Centers for Medicare and Medicaid Services or state-funded
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