‘An Act To Provide Reimbursement for MaineCare Services Provided by Qualified, Unlicensed Professionals Who Are Supervised by Licensed Health Professionals’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  services critical to the well-being of many individuals covered by the MaineCare program and other programs of health insurance are provided in this State by capable professionals licensed in a variety of health care disciplines; and

Whereas,  these qualified professionals, pursuant to general authority under their licenses to practice their professions, have delegated certain functions to other capable and qualified persons; and

Whereas,  the absence of language in certain licensing statutes referring to supervision of unlicensed professionals as to which services are within the scope of licensed practice and which services may be appropriately delegated has raised questions concerning whether the cost of these services can be reimbursed under the MaineCare program; and

Whereas,  because denial of reimbursement for services provided by or under the supervision of licensed professionals will result in an acute shortage of these services, placing at risk the well-being of many persons with serious illnesses, it is necessary that the issue be resolved as soon as possible; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 22 MRSA §3174-UU  is enacted to read:

§ 3174-UU.  Health services provided by appropriately supervised, qualified, unlicensed professionals

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’