LD 2055
pg. 12
Page 11 of 55 PUBLIC Law Chapter 683 Page 13 of 55
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LR 3065
Item 1

 
federal Medicare Prescription Drug, Improvement, and Modernization
Act of 2003.

 
Sec. A-36. 22 MRSA §4038-C, sub-§10, as enacted by PL 2005, c. 372,
§6, is amended to read:

 
10. Limitation. The District Court does not have authority
to provide a guardianship subsidy for permanency guardianship
under section 4308-D 4038-D.

 
Sec. A-37. 23 MRSA c. 19, sub-c. 5-A, as amended, is further amended by
repealing the subchapter headnote.

 
Sec. A-38. 24 MRSA §2332-A, sub-§2, as amended by PL 1997, c. 777, Pt.
B, §1, is further amended to read:

 
2. Medicaid and Cub Care programs. Nonprofit service
organizations may not consider the availability or eligibility
for medical assistance under 42 United States Code, Section
13969, referred to as "Medicaid," or Title 22, section 3174-R
3174-T, referred to as the "Cub Care program," when considering
coverage eligibility or benefit calculations for subscribers and
covered family members.

 
A. To the extent that payment for coverage expenses has
been made under the Medicaid program or the Cub Care program
for health care items or services furnished to an
individual, the State is considered to have acquired the
rights of the covered subscriber or family member to payment
by the nonprofit service organization for those health care
items or services. Upon presentation of proof that the
Medicaid program or the Cub Care program has paid for
covered items or services, the nonprofit service
organization shall make payment to the Medicaid program or
the Cub Care program according to the coverage provided in
the contract or certificate.

 
B. A nonprofit service organization may not impose
requirements on a state agency that has been assigned the
rights of an individual eligible for Medicaid or Cub Care
coverage and covered by a subscriber contract that are
different from requirements applicable to an agent or
assignee of any other covered individual.

 
Sec. A-39. 24-A MRSA §2744, as amended by PL 2005, c. 121, Pt. I,
§§1 and 2 and c. 213, §1 and affected by §3 and amended by c.
214, §1 and affected by §3, is repealed and the following enacted
in its place:

 
§2744.__Mental health services


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