An Act To Establish Meals on Wheels as a Service Covered under the MaineCare Program

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

§ 3174-YY.  Meals for persons 60 years of age and older

Notwithstanding any other provision of law, by October 1, 2015, the department shall provide for the reimbursement under the MaineCare program of all costs related to home-delivered meals that contain at least 1/3 of the recommended dietary allowances established for persons 60 years of age and older by an independent national scientific research council approved by the department.

Sec. 2. Department of Health and Human Services to apply for approval. The Department of Health and Human Services shall apply to the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services for the necessary waivers or state plan amendments to reimburse for home-delivered meals for persons 60 years of age and older, also known as Meals on Wheels.

Sec. 3. Impact on persons receiving home-delivered nutrition services who are not eligible for MaineCare program. Persons receiving home-delivered nutrition services who are eligible for the services under Department of Health and Human Services Rule Chapter 5, Bureau of Elder and Adult Services Policy Manual, Section 65, Nutrition Services but are not otherwise eligible for the MaineCare program remain eligible for the nutrition services but are not reimbursed by the MaineCare program pursuant to the Maine Revised Statutes, Title 22, section 3174-YY.

Sec. 4. Contingent effective date. That section of this Act that enacts the Maine Revised Statutes, Title 22, section 3174-YY does not take effect unless the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services grants the necessary waivers or state plan amendments applied for in section 2. The Commissioner of Health and Human Services shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House and the Revisor of Statutes when the commissioner has received approval of the necessary waivers or state plan amendments.

SUMMARY

This bill allows Meals on Wheels to be reimbursed under the MaineCare program. It requires the Department of Health and Human Services to apply for the necessary waivers or state plan amendments from the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services. It allows those persons who are currently eligible to receive home-delivered meals from Meals on Wheels under department rule but would not otherwise be eligible for the MaineCare program to continue to receive meals.