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An Act To Study Allocations of the Fund for a Healthy Maine
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  3 MRSA c. 12  is enacted to read:
CHAPTER 12
COMMISSION TO STUDY ALLOCATIONS OF THE FUND FOR A HEALTHY MAINE
§ 251. Commission To Study Allocations of the Fund for a Healthy Maine
 
1.  Commission established.     The Commission To Study Allocations of the Fund for a Healthy Maine, referred to in this section as "the commission," is established in Title 5, section 12004-I, subsection 30-B.
 
2.  Commission membership.     The commission consists of 13 members appointed as follows:
 
A.  The President of the Senate shall:
 
(1) Appoint 3 members of the Senate, including a member from each of the 2 parties holding the largest number of seats in the Legislature. At least one of the appointees must serve on the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and at least one of the appointees must serve on the joint standing committee of the Legislature having jurisdiction over health and human services matters; and
 
(2) Appoint one person representing municipal public health departments and one person representing a major voluntary nonprofit health organization; and
 
B.  The Speaker of the House of Representatives shall:
 
(1) Appoint 4 members of the House of Representatives, including members from each of the 2 parties holding the largest number of seats in the Legislature. At least one of the appointees must serve on the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and at least one of the appointees must serve on the joint standing committee of the Legislature having jurisdiction over health and human services matters; and
 
(2) Appoint one person representing a nonprofit statewide organization of public health professionals, one person representing a public health organization or agency operating in a rural community, one person representing the organizations providing services supported by funds from the Fund for a Health Maine and one person who possesses expertise in the subject matter of the study under this section.
 
3.  Terms of appointment.     The terms of appointment for members of the commission are as follows.
 
A.  Except as provided in paragraph B, members are appointed for terms of 3 years.
 
B.  Members who are Legislators are appointed for the duration of the legislative terms of office in which they were appointed.
 
C.  Members may serve beyond their designated terms until their successors are appointed.
 
4.  Chairs.     The first-named Senate member of the commission is the Senate chair and the first-named House of Representatives member of the commission is the House chair of the commission.
 
5.  Quorum.     A quorum of the commission is 7 members.
 
6.  Meetings.     The commission may meet only when the Legislature is not in regular or special session. The commission may meet up to 6 times every 3 years to accomplish its duties.
 
7.  Duties.     The commission shall review the alignment of allocations from the Fund for a Healthy Maine, established in Title 22, section 1511, with the State's public health care and preventive health priorities and goals. The commission shall gather information and data from public and private entities as necessary to:
 
A.  Identify or review the State's public health care and preventive health priorities and goals;
 
B.  Identify or review strategies for addressing priorities and goals and potential effectiveness of those strategies;
 
C.  Assess the level of resources needed to properly pursue the strategies identified in paragraph B;
 
D.  Make recommendations for how Fund for a Healthy Maine funds should be allocated to most effectively support the State's public health and preventive health priorities, goals and strategies; and
 
E.  Make recommendations for processes to be used to ensure that Fund for a Healthy Maine allocations stay aligned with the State's health priorities and goals.
 
8.  Cooperation.     The Commissioner of Administrative and Financial Services, the Commissioner of Education, the Commissioner of Health and Human Services and the Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall provide information and data to the commission as necessary for its work.
 
9.  Staff assistance.     The Legislative Council shall provide necessary staffing services to the commission.
 
10.  Report.     By December 7, 2015 and every 3 years thereafter, the commission shall submit a report that includes its findings and recommendations, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters.
 
11.  Compensation.     Legislators who are members of the commission are entitled to receive the legislative per diem and expenses as defined in section 2 for their attendance to their duties under this section. Other members are entitled to receive reimbursement of necessary expenses if they are not otherwise reimbursed by their employers or others whom they represent.
 
12.  Funding for commission activities; outside funding; Fund for a Healthy Maine.     The commission may seek outside funds to fund the cost of meetings and other activities of the commission. Contributions to support the work of the commission may not be accepted from any party having a pecuniary or other vested interest in the outcome of the matters being studied. Any person, other than a state agency, desiring to make a financial or in-kind contribution shall certify to the Legislative Council that it has no pecuniary or other vested interest in the outcome of the commission's activities. Such a certification must be made in the manner prescribed by the Legislative Council. All contributions are subject to approval by the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council along with an accounting record that includes the amount of funds, the date the funds were received, from whom the funds were received and the purpose of and any limitation on the use of those funds. The Executive Director of the Legislative Council shall administer any funds received by the commission. The commission may accept funds from the Fund for a Healthy Maine pursuant to Title 22, section 1511.
Sec. 2.  5 MRSA §12004-I, sub-§30-B  is enacted to read:
 
30-B.   
Sec. 3. 22 MRSA §1511, sub-§6, as amended by PL 2011, c. 617, §1, is further amended to read:
 
6. Health promotion purposes.  AllocationsExcept as otherwise provided in this subsection, allocations are limited to the following prevention and health promotion purposes:
 
A. Smoking prevention, cessation and control activities, including, but not limited to, reducing smoking among the children of the State;
 
A-1. Prevention, education and treatment activities concerning unhealthy weight and obesity;
 
B. Prenatal and young children's care including home visits and support for parents of children from birth to 6 years of age;
 
C. Child care for children up to 15 years of age, including after-school care;
 
D. Health care for children and adults, maximizing to the extent possible federal matching funds;
 
E. Prescription drugs for adults who are elderly or disabled, maximizing to the extent possible federal matching funds;
 
F. Dental and oral health care to low-income persons who lack adequate dental coverage;
 
G. Substance abuse prevention and treatment; and
 
H. Comprehensive school health and nutrition programs, including school-based health centers.
 
Allocations may be used to fund the activities of the Commission To Study the Allocations of the Fund for a Healthy Maine established under Title 3, section 251.
 
SUMMARY
This bill establishes an ongoing commission to review whether allocations of the Fund for a Healthy Maine are properly aligned with the State's public and preventive health priorities and goals and recommend adjustments to allocations as necessary. Under the bill, the commission is authorized to meet up to 6 times every 3 years when the Legislature is not is session and the commission's first report must be submitted by December 7, 2015 to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee having jurisdiction over health and human services matters. Money in the Fund for a Healthy Maine may be used to fund the activities of the commission.