130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 739
H.P. 544 House of Representatives, March 5, 2021
An Act Regarding Credible Allegations of Fraud by MaineCare
Providers
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'CONNOR of Berwick.
Cosponsored by Representatives: DOLLOFF of Milton Township, GIFFORD of Lincoln,
GRIFFIN of Levant, GRIGNON of Athens, JAVNER of Chester, PARRY of Arundel,
RUDNICKI of Fairfield, STEARNS of Guilford.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 22 MRSA §1714-E, sub-§4, as reallocated by RR 2011, c. 2, §25, is
3 amended to read:
4 4. Final determination; offset. Upon a final determination that fraud has occurred
5 an allegation of fraud has been established and that money is owed by the MaineCare
6 provider to the department, and 31 21 days after exhaustion of all administrative appeals
7 and any judicial review available under Title 5, chapter 375, the department may retain and
8 apply as an offset to amounts determined to be owed to the department any payments to
9 the provider that were suspended by the department pursuant to this section. The amount
10 retained pursuant to this subsection may not exceed the amount determined finally to be
11 owed.
12 SUMMARY
13 This bill allows the Department of Health and Human Services, after a final
14 determination that an allegation of fraud concerning a MaineCare provider has been
15 established, rather than that fraud has occurred, to retain and apply as an offset to amounts
16 determined to be owed to the department any payments to the provider that were suspended
17 by the department. This bill also decreases from 31 days to 21 days after exhaustion of all
18 administrative appeals when the department may take that action and removes reference to
19 judicial review.
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Statutes affected:
Bill Text LD 739, HP 544: 22.1714