Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                   FIRST REGULAR SESSION-2021
Legislative Document                                                                         No. 1135
H.P. 813                                                      House of Representatives, March 22, 2021
           An Act Regarding Substance Use Disorder Treatment Services and
           Increasing Reimbursement Rates for Those Services
   Received by the Clerk of the House on March 18, 2021. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
                                                                                  ROBERT B. HUNT
                                                                                             Clerk
Presented by Representative STOVER of Boothbay.
                                        Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 5 MRSA §20005, sub-§21, as amended by PL 2019, c. 524, §11, is further
 amended to read:
     21. List of banned performance-enhancing substances. Develop and maintain a list
 of banned performance-enhancing substances in accordance with Title 20‑A, section 6621;
 and
     Sec. 2. 5 MRSA §20005, sub-§22, as enacted by PL 2019, c. 524, §12, is amended
 to read:
      22. Certification of recovery residences. Establish by rule criteria for the
 certification of recovery residences. The criteria for the certification of recovery residences
 must be based on criteria for recovery residences developed by a nationally recognized
 organization that supports persons recovering from substance use disorder. Certification
 of a recovery residence pursuant to this subsection is voluntary. Rules adopted pursuant to
 this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A.; and
     Sec. 3. 5 MRSA §20005, sub-§23 is enacted to read:
     23. Trauma-informed principles of care. Ensure that all substance use disorder
 services funded by the department conform to trauma-informed principles of care as
 developed by the United States Department of Health and Human Services, Substance
 Abuse and Mental Health Services Administration.
    Sec. 4. Department of Health and Human Services to increase substance
 use disorder treatment reimbursement rates. No later than January 1, 2022, the
 Department of Health and Human Services shall amend its rule Chapter 101: MaineCare
 Benefits Manual, Chapter III, Section 65, Behavioral Health Services, to increase all rates
 of reimbursement for outpatient services for substance use disorder by 25%.
    Sec. 5. Department of Health and Human Services to amend substance
 abuse treatment facility rules. No later than January 1, 2022, the Department of Health
 and Human Services shall amend its rule Chapter 101: MaineCare Benefits Manual,
 Chapter III, Section 97, Private Non-Medical Institution Services, Appendix B, Principles
 of Reimbursement for Substance Abuse Treatment Facilities, to make the following
 changes:
     1. Increase the rates of reimbursement for all services, except for detoxification
 services, by 25%; and
     2. Reimburse detoxification services according to a cost-based rate methodology.
   Sec. 6. Department of Health and Human Services to amend private non-
 medical institution services rules. No later than January 1, 2022, the Department of
 Health and Human Services shall amend its rule Chapter 101: MaineCare Benefits Manual,
 Chapter II, Section 97, Private Non-Medical Institution Services, to make the following
 changes to services provided in a private non-medical institution Appendix B facility:
     1. Increase the limit on the number of consecutive days allowed for a residential
 rehabilitation type I service to 45 days as long as the need is documented in the MaineCare
 member's treatment plan;
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     2. Increase the limit on the term of residency for a residential rehabilitation type II
 service to 60 days as long as the need is documented in the MaineCare member's treatment
 plan; and
      3. Remove the limit of a single admission to halfway house services annually but retain
 the limit on those services to 180 days in a year.
                                       SUMMARY
     This bill includes a statutory requirement for substance use disorder treatments to
 comply with trauma-informed principles of care according to the United States Department
 of Health and Human Services, Substance Abuse and Mental Health Services
 Administration. The bill also requires the Department of Health and Human Services to
 amend its rules in Chapter 101: MaineCare Benefits Manual, Chapter III, Section 65,
 Behavioral Health Services, to increase reimbursement for substance use disorder
 outpatient services by 25%; it also requires a 25% increase in reimbursement for services
 provided under Chapter II, Section 97, Private Non-Medical Institution Services, Appendix
 B, Principles of Reimbursement for Substance Abuse Treatment Facilities, except for
 detoxification services, and requires the methodology for reimbursement for detoxification
 services to be cost-based. The bill also requires the department to amend rule Chapter 101:
 MaineCare Benefits Manual, Chapter II, Section 97, Private Non-Medical Institution
 Services, to change the limitations on the number of days for certain residential treatment
 services.
                                        Page 2 - 130LR1235(01)
Statutes affected: 
Bill Text LD 1135, HP 813: 5.20005