Resolve, To Expand Transportation Services for Seniors Who Are MaineCare Members

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

Whereas,  preparation of amendments to federal waivers under the Social Security Act are labor intensive and require time to prepare; and

Whereas,  a stakeholder group to develop a plan for transportation services for the elderly must begin as soon as possible in order to have sufficient time to develop a report to be acted on during the next legislative session; 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, be it

Sec. 1. Department of Health and Human Services to amend the Section 19 waiver. Resolved: That the Department of Health and Human Services shall seek to amend the existing 1915(c) waiver to allow individuals receiving services under the department's rule Chapter 101: MaineCare Benefits Manual, Section 19 to receive transportation services necessary to access services specified in an individual's service plan, in addition to any currently permissible medical transportation, when the individual has no other means of transportation. The department shall submit a waiver amendment request to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services no later than October 1, 2019.

Sec. 2. Rulemaking. Resolved: That, upon approval of the waiver amendment pursuant to section 1, the department shall amend its rule Chapter 101: MaineCare Benefits Manual, Section 19 to allow for the transportation services allowed by the amendment to the waiver. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The department shall submit a progress report on the waiver application and rulemaking to the Joint Standing Committee on Health and Human Services no later than January 1, 2020.

Sec. 3. Department of Health and Human Services to study nonmedical transportation for seniors. Resolved: That the Department of Health and Human Services shall convene a stakeholder group to develop a plan to provide nonmedical transportation services to travel to destinations to meet basic needs to persons who are 61 years of age or older with no other means of transportation and who are MaineCare members or receive state-funded services under the department's rule Chapter 5: Office of Elder Services Policy Manual, Section 63. The department shall submit a report with a proposed plan including funding estimates and sources of funding as well as any suggested legislation to the Joint Standing Committee on Health and Human Services no later than January 30, 2020.

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

SUMMARY

This emergency resolve requires the Department of Health and Human Services to submit an amendment request to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services to the 1915(c) waiver that provides services to the elderly under the department's rule Chapter 101: MaineCare Benefits Manual, Section 19 to allow for coverage of transportation services required to access services specified in the individual's service plan that are nonmedical in nature. The waiver request must be submitted no later than October 1, 2019. Upon approval, the department shall amend its rules to cover the new service. The department shall submit a progress report to the Joint Standing Committee on Health and Human Services regarding the waiver request and rulemaking. The resolve also requires the Department of Health and Human Services to convene a stakeholder group to develop a plan to provide nonmedical transportation services to travel to destinations to meet basic needs to persons who are 61 years of age or older with no other means of transportation and who are MaineCare members or receive state-funded services under the department's rule Chapter 5: Office of Elder Services Policy Manual, Section 63. The plan must be submitted to the Joint Standing Committee on Health and Human Services no later than January 30, 2020.