LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
738
MAY 7, 2022 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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S.P. 156 - L.D. 811
An Act To Protect the Reproductive Rights and Freedoms of Maine People
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §3174-III is enacted to read:
§3174-III. Reimbursement for comprehensive sexual and reproductive health care
services
Notwithstanding any provision of law to the contrary, the department shall provide
reimbursement for sexual and reproductive health care providers for activities and services
to address the health of MaineCare members in accordance with this section.
1. Definition. For purposes of this section, "sexual and reproductive health care
provider" means an enrolled MaineCare provider engaged primarily in the delivery of
services described in 42 United States Code, Section 1396d(a)(4)(C).
2. Comprehensive sexual and reproductive health care services payment. The
department shall determine and pay each sexual and reproductive health care provider an
amount based on the total number of MaineCare-covered patient encounters per month, to
include patient encounters taking place on or after July 1, 2022. The payment must include
compensation for the difference between the payment for services described in subsection
1 and 100% of the reasonable costs of operation, including without limitation the costs of
all services. In determining the payment, the department may exclude only those
incremental operating costs directly attributable to specific items and services that federal
law explicitly prohibits Medicaid programs from reimbursing. The payment required by
this subsection must be made for all encounters with a sexual and reproductive health care
provider by any MaineCare member, regardless of the category or other basis for the
member's eligibility for MaineCare coverage.
3. Rulemaking. The department shall adopt rules to implement this section. Rules
adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.
The department shall pursue all opportunities to maximize available federal
reimbursement, including available Medicaid match rates for or other opportunities to
maximize state resources for family planning services.
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 Sec. 2. Rulemaking. The Department of Health and Human Services shall propose
rules to implement the comprehensive sexual and reproductive health care services
payment required by the Maine Revised Statutes, Title 22, section 3174-III, subsection 2
no later than October 1, 2022. The final rule adopted following publication of the proposed
rule required by this section must make the comprehensive services payment effective
retroactively to July 1, 2022. Rules adopted pursuant to this section are routine technical
rules pursuant to Title 5, chapter 375, subchapter 2-A.
Sec. 3. Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Provides funding for an additional payment to sexual and reproductive health
care providers for each MaineCare-covered patient encounter.
GENERAL FUND 2021-22 2022-23
All Other $0 $239,821
__________ __________
GENERAL FUND TOTAL $0 $239,821
FEDERAL EXPENDITURES FUND 2021-22 2022-23
All Other $0 $1,472,386
__________ __________
FEDERAL EXPENDITURES FUND TOTAL $0 $1,472,386
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