Maine Statute | Act | Code |Title 22. Health And Welfare| US Code - US Statute | Chapter 01. Department Of Health And Human Services (heading. Pl 2003, C. 689, Pt. B, @6 (rev))

USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 01. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING. PL 2003, c. 689, Pt. B, @6 (rev))

Title 22 - §1. Department; commissioner; bureaus; compensation; employees; definitions
Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§1. Department; commissioner; bureaus; compensation; employees; definitions

The Department of Health and Human Services, as established and in this Title called the "department" shall consist of such bureaus and divisions as may be required to carry out the work of the department. The department shall have an official department seal, which shall be judicially noticed. [1983, c. 409, §1 (amd); 2003, c. 689, Pt. B, §6 (rev).] div>
The department is under the control and supervision of the Commissioner of Health and Human Services, referred to in this Title as the "commissioner," who is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over human resources matters and to confirmation by the Legislature, and serves at the pleasure of the Governor. [1993, c. 685, Pt. B, §2 (amd); 2003, c. 689, Pt. B, §7 (rev).] div>
The commissioner may employ any bureau and division heads, deputies, assistants and employees who may be necessary to carry out the work of the department. All personnel of the department are under the immediate supervision, direction and control of the commissioner. These personnel are employed subject to the Civil Service Law, except the Deputy Commissioner; Director, Bureau of Child and Family Services; Director, Bureau of Elder and Adult Services; Director, Bureau of Health; Director, Bureau of Family Independence; Director, Bureau of Medical Services; Assistant Deputy Commissioners; and 3 Regional Executive Managers. [1995, c. 560, Pt. J, §2 (amd).] div>
The Director, Bureau of Child and Family Services, and the Director, Bureau of Elder and Adult Services, must be appointed by the commissioner. Each of these directors is appointed and serves in the unclassified service at the pleasure of the commissioner. Any vacancy in each of these positions must be filled by appointment as in this paragraph for a like term. [1993, c. 349, §50 (amd).] div>
The Director of the Bureau of Health must be a licensed physician or a person eligible for licensure in this State under Title 32, chapter 48, who is educated and experienced in public health administration, or a person with an advanced degree in public health and who has administrative experience. [1989, c. 507 (new).]

Section History:
PL 1967,
Ch. 261,
§1-3 (AMD).
PL 1967,
Ch. 490,
§7 (AMD).
PL 1969,
Ch. 504,
§35 (AMD).
PL 1973,
Ch. 553,
§1,2 (AMD).
PL 1973,
Ch. 793,
§1 (RPR).
P&SL 1975,
Ch. 147,
§G2 (AMD).
PL 1975,
Ch. 293,
§1,2 (AMD).
PL 1975,
Ch. 755,
§4 (AMD).
PL 1975,
Ch. 771,
§207-209 (AMD).
PL 1977,
Ch. 78,
§145 (AMD).
PL 1977,
Ch. 674,
§18,19 (AMD).
PL 1979,
Ch. 333,
§ (AMD).
PL 1981,
Ch. 10,
§1 (AMD).
PL 1981,
Ch. 703,
§A4 (AMD).
PL 1983,
Ch. 409,
§1 (AMD).
PL 1983,
Ch. 729,
§5 (AMD).
PL 1985,
Ch. 785,
§B82 (AMD).
PL 1989,
Ch. 329,
§1,2 (AMD).
PL 1989,
Ch. 400,
§3,14 (AMD).
PL 1989,
Ch. 507,
§ (AMD).
PL 1989,
Ch. 576,
§3,5 (AMD).
PL 1989,
Ch. 878,
§A51,52 (AMD).
PL 1993,
Ch. 349,
§50 (AMD).
PL 1993,
Ch. 685,
§B2 (AMD).
PL 1995,
Ch. 418,
§A1 (AMD).
PL 1995,
Ch. 560,
§J2 (AMD).
PL 2003,
Ch. 689,
§B6,7 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §10. Federal funds and commodities

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§10. Federal funds and commodities

The commissioner, with the consent and approval of the Governor is authorized and empowered to accept any and all allotments of federal funds and commodities, and to manage and dispose of the same in whatever manner required by federal law, and put into effect the Federal Social Security Act and any amendments thereof, and of other federal acts relating to public welfare. [1975, c. 771, § 210 (amd).]

Section History:
PL 1967,
Ch. 219,
§ (NEW).
PL 1967,
Ch. 356,
§ (NEW).
PL 1967,
Ch. 544,
§55 (RP ).
PL 1975,
Ch. 771,
§210 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §11. Municipal grants

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§11. Municipal grants

The department is authorized to make grants to cities or towns within the State, or to nonprofit corporations organized for purposes related to public health or welfare, out of federal funds when such grants are permitted by the terms under which the federal funds are available. Such grants shall be made in conformity with applicable federal requirements and standards and with appropriate state accounting requirements, and in accordance with regulations of the department. [1967, c. 544, § 56 (new).]

Section History:
PL 1967,
Ch. 544,
§56 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §12-A. Performance-based contracts

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§12-A. Performance-based contracts

In addition to other applicable requirements and unless precluded by other restrictions on the use of funds, the commissioner shall manage all funds available for the provision of social services in accordance with the provisions of this section. [1993, c. 737, §2 (new).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Agreement" means a legally binding written document between 2 or more parties, including such documents as are commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement, purchase of service or state aid. [1993, c. 737, §2 (new).]

B. "Performance-based contract" means an agreement for the purchase of direct client services employing a client-centered, outcome-oriented process that is based on measurable performance indicators and desired outcomes and includes the regular assessment of the quality of services provided. [1993, c. 737, §2 (new).]

[1993, c. 737, §2 (new).]

2. Performance-based contract. The commissioner shall ensure that all agreements to purchase social services entered into on or after July 1, 1997 are performance-based contracts. [1993, c. 737, §2 (new).]

3. Rules. The commissioner shall adopt rules to implement this section, including, but not limited to, the establishment of program goals, outcome measures, an information management system to collect and manage contract data, a system of ongoing assessment of program effectiveness and hold-harmless guidelines for provider agencies during the first contract period or 12 months, whichever is greater. [1993, c. 737, §2 (new).]

4. Procedures. The following procedures apply whenever the commissioner commences a request-for-proposal procedure.

A. The commissioner shall hold at least one informational meeting at least 30 days before the due date for submission of the notice of intent to bid. Any informational meeting must be advertised in newspapers of general circulation stating the location, date, time and purpose of the meeting. At the meeting the commissioner shall provide detailed information to any interested party about the contract to be bid or rebid, provide notice of anticipated major changes from any previous contract and respond to questions. [1995, c. 691, §2 (amd).]

B. The commissioner shall require any interested party to submit a notice of intent to bid at least 30 days before the date bids will be accepted as a precondition to submitting a formal bid. The notice of intent must contain minimal requirements that demonstrate a prospective bidder's competence and ability to comply with the requirements of the contract. [1995, c. 691, §2 (amd).]

C. If only one community service provider submits a notice of intent to bid, the commissioner may enter into negotiations concerning a contract with that provider in accordance with the procedures established for performance-based contracts. [1995, c. 402, Pt. B, §2 (new).]

D. For purposes of this section, the commissioner retains the right to reject any bids submitted and any proposals made during negotiations pursuant to paragraph C. [1995, c. 402, Pt. B, §2 (new).]

[1995, c. 691, §2 (amd).]

Section History:
PL 1993,
Ch. 737,
§2 (NEW).
PL 1995,
Ch. 402,
§B2 (AMD).
PL 1995,
Ch. 691,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §12-B. Aid to charitable institutions

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§12-B. Aid to charitable institutions

For fiscal year 1995-96 and subsequent years, the commissioner shall distribute all funds available within the aid to charitable institutions program to the community-based agencies that received funding from the aid to charitable institutions program during fiscal year 1994-95, based on the distribution methodology that was utilized to determine each agency's fiscal year 1994-95 allocation. The community-based agencies include: Good Samaritan Home, Holy Innocents, Maine Children's Home for Little Wanderers, Opportunity Farm, St. Andre's Home, Inc. or their successor organizations. [1995, c. 368, Pt. TT, §1 (new).] div>
Subject to the requirements of this section, the commissioner may impose other requirements or conditions on the use of aid to charitable institutions program funds necessary to ensure that the services provided are consistent with department goals, policies and rules. [1995, c. 368, Pt. TT, §1 (new).]

Section History:
PL 1995,
Ch. 368,
§TT1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §12. Funds for social services

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§12. Funds for social services

The department shall administer any funds which may be available from private, local, state or federal sources for the provision of social services as defined by the department (Human Services). Within any limitation which may apply from the sources of such funds, the department may provide said social services itself, or assure itself of the provision of such services by purchase of services, by contracts, by grants, or by joint provision of services, by contracts, by grants, or by joint provision of services with other agencies through matching agreements. [1975, c. 293, §4 (amd).] div>
The department shall adopt such rules and regulations as may be necessary to define eligibility for such services, contractual terms, conditions for grants, matching ratios, quality of performance standards and such others as are necessary for the administration of this section. These rules and regulations shall be published and subject to a 30-day public review prior to taking final effect. [1973, c. 410 (new).] div>
The department may expend any unidentified child support payments and any interest earned on those funds that the department has received when the department can not identify the child for which payment was made. The department may expend these funds only in its efforts to enforce child support laws in accordance with Title 19-A, chapters 53, 63, 65 and 67. Before making any expenditure, the department must wait at least 12 months from the date the unidentified funds were received. [1995, c. 694, Pt. D, §27 (amd); Pt. E, §2 (aff).]

Section History:
PL 1973,
Ch. 410,
§ (NEW).
PL 1993,
Ch. 415,
§E1 (AMD).
PL 1995,
Ch. 694,
§D27 (AMD).
PL 1995,
Ch. 694,
§E2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §13. Human Services Fraud Investigation Unit

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§13. Human Services Fraud Investigation Unit

1. Establishment; composition. The Commissioner of Health and Human Services is authorized to create within the department a Human Services Fraud Investigation Unit, hereinafter referred to in this section as the "unit." The commissioner is authorized to employ and assign to the unit such employees as he deems appropriate. [1975, c. 715, §3 (new); 2003, c. 689, Pt. B, §7 (rev).]

2. Purpose. The purpose of the unit shall be to investigate reported acts of fraud or attempted fraud or incidents of commingling or misapplication of funds in connection with, but not limited to, the requesting, obtaining, receiving, withholding, recording, reporting, expending or handling of funds administered by the department. The unit shall investigate such reported acts or incidents involving, but not limited to, recipients, providers and vendors receiving or applying for services or funds administered by the department. [1975, c. 715, §3 (new).]

3. Cooperation; information. All agencies of the State and municipal governments shall cooperate fully with the unit, rendering any assistance requested by the unit. Every head of a department, bureau, division, commission or any other unit of State Government shall report in writing to the unit all information concerning any suspected incident of fraud or attempted fraud or violation of any law in connection with funds administered by the department. [1975, c. 715, §3 (new).]

4. Violation of law; action. Whenever the unit determines that a fraud, attempted fraud or a violation of law in connection with funds administered by the department may have occurred, it shall report in writing all information concerning such fraud or violation to the Attorney General or his delegate for such action as he may deem appropriate, including civil action for recovery of funds and criminal prosecution by the Department of the Attorney General. The unit shall, upon request of the Attorney General and in such a manner as he deems appropriate, assist in the recovery of funds. [1975, c. 715, §3 (new).]

5. Audit methods. When conducting audits pursuant to this section, the department may not engage a private vendor to conduct the audit or base any auditor's compensation on a percentage of the alleged overpayment amount, except that the department may engage a private vendor to conduct audits of providers located outside this State and may base that vendor's compensation on a percentage of the amount of overpayment received by the department. The department shall disclose to the public any mathematical algorithm used in performance of an audit. [2005, c. 12, Pt. QQ, §1 (amd).]

6. Limitation on actions to recover overpayments. The department may impose a sanction or withhold payment from a MaineCare provider in order to recover or impose penalties for an overpayment for services rendered or goods delivered under the MaineCare program as provided in this subsection.

A. The department may impose a sanction or withhold payment when the department has obtained an order from Superior Court allowing interim sanctions upon showing a substantial likelihood that overpayment or fraud has occurred and that substantial harm to the department will result from further delay or when the department has taken final agency action and the provider has waived or exhausted its right to judicial review. [2003, c. 688, Pt. C, §6 (amd).]

B. Notwithstanding paragraph A, the department may terminate or suspend the participation of a provider in the MaineCare program pursuant to federal regulation and state rule. [2003, c. 688, Pt. C, §6 (amd).]

C. For the purposes of this subsection, "overpayment" does not include an overestimate made as part of a prospective interim payment, a 3rd-party liability recovery, a departmental administrative error or receivership fees or debt. In addition, this subsection does not apply to routine adjustments of $2,500 or less that result from claims editing or processing. [2003, c. 613, §1 (new).]

[2003, c. 688, Pt. C, §6 (amd).]

Section History:
PL 1975,
Ch. 715,
§3 (NEW).
PL 2001,
Ch. 464,
§1 (AMD).
PL 2001,
Ch. 464,
§2 (AFF).
PL 2003,
Ch. 419,
§1 (AMD).
PL 2003,
Ch. 613,
§1 (AMD).
PL 2003,
Ch. 688,
§C6 (AMD).
PL 2003,
Ch. 689,
§B7 (REV).
PL 2005,
Ch. 12,
§QQ1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §14. Action against parties liable for medical care rendered to assistance recipients; assignment of claims

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§14. Action against parties liable for medical care rendered to assistance recipients; assignment of claims

1. Recovery procedures. When benefits are provided or will be provided to a member under the MaineCare program administered by the department pursuant to the United States Social Security Act, Title XIX, including any prescription drug programs administered under the auspices of MaineCare, referred to collectively in this section as MaineCare, for the medical costs of injury, disease, disability or similar occurrence for which a 3rd party is, or may be, liable, the commissioner may recover from that party the cost of the benefits provided. This right of recovery is separate and independent from any rights or causes of action belonging to a member under the MaineCare program. For MaineCare recipients who participated in the MaineCare managed care program, "cost" means the total value of coverable medical services provided measured by the amount that MaineCare would have paid to providers directly for such services, were it not for the managed care system. The MaineCare program is the payor of last resort and shall provide medical coverage only when there are no other available resources. The Attorney General, or counsel appointed by the Attorney General, may, to enforce this right, institute and prosecute legal proceedings directly against the 3rd party in the appropriate court in the name of the commissioner. In addition to the right of recovery set forth in this subsection, the commissioner must also be subrogated, to the extent of any benefits provided under the MaineCare program, to any cause of action or claim that a member has against a 3rd party who is or may be liable for medical costs incurred by or on behalf of the member. The Attorney General, or counsel appointed by the Attorney General, to enforce this right may institute and prosecute legal proceedings in the name of the injured person, member, guardian, personal representative, estate or survivor. If necessary to enforce the commissioner's right of recovery, the Attorney General, or counsel appointed by the Attorney General, may institute legal proceedings against any member, including the agent, representative or attorney of that member, who has received a settlement or award from a 3rd party. The commissioner's right to recover the cost of benefits provided constitutes a statutory lien on the proceeds of an award or settlement from a 3rd party if recovery for MaineCare costs was or could have been included in the recipient's claim for damages from the 3rd party. The commissioner is entitled to recover the cost of the benefits actually paid out when the commissioner has determined that collection will be cost-effective to the extent that there are proceeds available for such recovery after the deduction of reasonable attorney's fees and litigation costs from the gross award or settlement. In determining whether collection will be cost-effective, the commissioner shall consider all factors that diminish potential recovery by the department, including but not limited to questions of liability and comparative negligence or other legal defenses, exigencies of trial that reduce a settlement or award in order to resolve the recipient's claim and limits on the amount of applicable insurance coverage that reduce the claim to the amount recoverable by the recipient. The department's statutory lien may not be reduced to reflect an assessment of a pro rata share of the recipient's attorney's fees or litigation costs. The commissioner may, at the commissioner's discretion, compromise, or otherwise settle and execute a release of, any claim or waive any claim, in whole or in part, if the commissioner determines the collection will not be cost-effective or that the best possible outcome requires compromise, release or settlement. [2003, c. 20, Pt. K, §2 (amd).]

2. Condition for eligibility. [1981, c. 24, §1 (rp).]

2-A. Assignment of rights of recovery. The receipt of benefits under the MaineCare program constitutes an assignment by the recipient or any legally liable relative to the department of the right to recover from 3rd parties for the medical cost of injury, disease, disability or similar occurrence for which the recipient receives medical benefits. The department's assigned right to recover is limited to the amount of medical benefits received by the recipient and does not operate as a waiver by the recipient of any other right of recovery against a 3rd party that a recipient may have. The recipient is also deemed to have appointed the commissioner as the recipient's attorney in fact to perform the specific act of submitting claims to insurance carriers or endorsing over to the department any and all drafts, checks, money orders or any other negotiable instruments connected with the payment of 3rd-party medical claims. [2003, c. 20, Pt. K, §2 (amd).]

2-B. Direct reimbursement to health care provider. When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the insured's claim is payable to a health care provider as provided or permitted by the terms of a health insurance policy or pursuant to an assignment of rights by an insured, the insurer shall directly reimburse the health care provider to the extent that the claim is honored. [2003, c. 20, Pt. K, §2 (amd).]

2-C. Direct reimbursement to department. When an insured is eligible under the MaineCare program for the medical costs of injury, disease, disability or similar occurrence for which an insurer is liable, and the claim is not payable to a health care provider under the terms of the insurance policy, the insurer shall directly reimburse the Department of Health and Human Services for any medical services paid by the department on behalf of a recipient under the MaineCare program to the extent that those medical services are payable under the terms of the insurance policy. If the insurer knows or has information upon which to reasonably conclude that the insured is a recipient of MaineCare services, the insurer shall advise the department in writing as to the existence of the claim prior to any other payment. [2003, c. 20, Pt. K, §2 (amd); c. 689, Pt. B, §6 (rev).]

2-D. Notification of claim. A recipient under the MaineCare program, or any attorney representing a recipient under the MaineCare program, who makes a claim to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program shall advise the department in writing with information as required by the department of the existence of the claim. [2003, c. 20, Pt. K, §2 (amd).]

2-E. Notification of pleading. In any action to recover the medical cost of injury, disease, disability or similar occurrence for which the party received medical benefits under the MaineCare program, the party bringing the action shall notify the department of that action at least 10 days prior to filing the pleadings. Department records indicating medical benefits paid by the department on behalf of the recipient are prima facie evidence of the medical expenses incurred by the recipient for the related medical services. [2003, c. 20, Pt. K, §2 (amd).]

2-F. Disbursement. Except as otherwise provided in this subsection, a disbursement of any award, judgment or settlement may not be made to a recipient without the recipient or the recipient's attorney first paying to the department the amount of the statutory lien from the award, judgment or settlement or obtaining from the department a release of any obligation owed to it for medical benefits provided to the recipient. If a dispute arises between the recipient and the commissioner as to the settlement of any claim that the commissioner may have under this section, the 3rd party or the recipient's attorney shall withhold from disbursement to the recipient an amount equal to the commissioner's claim. Either party may apply to the Superior Court or the District Court in which an action based upon the recipient's claim could have been commenced for an order to determine a reasonable amount in satisfaction of the statutory lien, consistent with federal law, considering whether an independent action by the commissioner would have been cost-effective. If either party applies under this subsection to the court for an order to determine a reasonable amount, the court may not order payment in satisfaction of such a lien for an amount less than 75% of the recovery, net of reasonable attorney's fees and litigation costs, unless that amount exceeds the amount of the lien. [2003, c. 20, Pt. K, §2 (amd).]

2-G. Claims against estates of certain Medicaid recipients. [1993, c. 410, Pt. I, §2 (rp).]

2-H. Honoring of assignments. The following provisions apply to claims for payment submitted by the department or a health care provider.

A. Whenever a participating health care provider or the department submits claims to an insurer, as defined in Title 24-A, section 4, or to a health maintenance organization on behalf of a recipient under the MaineCare program for whom an assignment of rights has been received, or whose rights have been assigned by the operation of law, the insurer or health maintenance organization doing business in the State must respond within 60 days of receipt of a claim by forwarding payment or issuing a notice of denial directly to the submitter of the claim. [2003, c. 20, Pt. K, §2 (amd).]

B. Whenever a nonparticipating health care provider or the department on behalf of a nonparticipating provider submits claims to an insurer, as defined in Title 24-A, section 4, or a health maintenance organization that operates through a series of participation agreements on behalf of a recipient under the MaineCare program for whom an assignment of rights has been received or whose rights have been assigned by the operation of law, the insurer or health maintenance organization doing business in the State must respond within 60 days of receipt of a claim by forwarding payment, issuing a notice of denial or issuing a copy of the explanation of benefits directly to the submitter of the claim. [2003, c. 20, Pt. K, §2 (amd).]

[2003, c. 20, Pt. K, §2 (amd).]

2-I. Claims against estates of MaineCare recipients. Claims against the estates of MaineCare recipients are governed by this subsection.

A. The department has a claim against the estate of a MaineCare recipient when, after the death of the recipient:

(1) Property or other assets are discovered that existed and were owned by the recipient during the period when MaineCare benefits were paid for the recipient and disclosure of the property or assets at the time benefits were being paid would have rendered the recipient ineligible to receive the benefits;

(2) It is determined that the recipient was 55 years of age or older when that person received MaineCare assistance; or

(3) It is determined that the recipient has received or is entitled to receive benefits under a long-term care insurance policy in connection with which assets or resources are disregarded and medical assistance was paid on behalf of the recipient for nursing facility or other long-term care services.
[2003, c. 20, Pt. K, §2 (amd).]

B. The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the deceased recipient.

(1) As to assets of the recipient included in the probated estate, this claim may be enforced pursuant to Title 18-A, Article 3, Part 8.

(2) As to assets of the recipient not included in the probated estate, this claim may be enforced by filing a claim in any court of competent jurisdiction.
[2003, c. 20, Pt. K, §2 (amd).]

C. Except for a claim collected through a voluntary payment arrangement under paragraph C-2, a claim may not be made under paragraph A, subparagraph (2) or (3) until:

(1) The recipient has no surviving spouse; and

(2) The recipient has no surviving child who is under age 21 or who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c.
[2005, c. 12, Pt. DDD, §9 (amd); §17 (aff).]

C-1. If a claim under this subsection is delayed pursuant to paragraph C, the provisions of this paragraph apply to any recovery under paragraph C.

(1) The following assets are exempt from recovery:

(a) The first $100,000 in value of the estate; and

(b) The value of any asset of the recipient, including the value of the primary residence, that passed to the surviving spouse and was later transferred by the spouse for the sole benefit of a child who is blind or permanently and totally disabled as defined in 42 United States Code, Section 1382c.

(2) The amount of MaineCare benefits paid and recoverable under this subsection is a claim against the estate of the spouse or the estate of the child if that person received any asset for less than fair market value from the recipient while the recipient was receiving MaineCare benefits or from the estate of the recipient.

(3) A claim under this paragraph is enforceable as to the value of the asset on the date the asset was received by the spouse or child, less any value actually transferred to the recipient. The amount of the claim is not decreased by the fact that the asset has been lost, diminished, sold, encumbered, transferred or the title otherwise adversely affected after the date of receipt by the spouse or child.
[2005, c. 12, Pt. DDD, §9 (new); §17 (aff).]

C-2. The department shall provide heirs, assignees or transferees of a deceased recipient an opportunity to pay a claim under this subsection through a voluntary payment arrangement that is acceptable to the department. The payment arrangement may consist of a payment plan, promissory note or other payment mechanism. [2005, c. 12, Pt. DDD, §9 (new); §17 (aff).]

D. Paragraph A, subparagraphs (2) and (3) apply only to a recipient who died on or after October 1, 1993 for MaineCare payments made on or after October 1, 1993. [2003, c. 20, Pt. K, §2 (amd).]

E. A claim under paragraph A, subparagraph (2) must be waived if enforcement of the claim would create an undue hardship under criteria developed by the department or if the costs of collection are likely to exceed the amount recovered. A waiver may be granted in full or in part. A waiver may not be granted if the recipient or waiver applicant acted to lose, diminish, divest, encumber or otherwise transfer any value of or title to an asset for the purpose of preventing recovery under this subsection. [2005, c. 12, Pt. DDD, §9 (amd); §17 (aff).]

F. As used in this subsection, unless the context otherwise indicates, the term "estate" means:

(1) All real and personal property and other assets included in the recipient's estate, as defined in Title 18-A, section 1-201; and

(2) Any other real and personal property and other assets in which the recipient had any legal interest at the time of death, to the extent of that interest, including assets conveyed to a survivor, heir or assign of the deceased recipient through tenancy in common, survivorship, life estate, living trust, joint tenancy in personal property or other arrangement.
[1993, c. 707, Pt. I, §1 (new).]

G. The department may accept, hold, transfer title to and sell real property to collect a claim under this subsection. The department may receive title to real property from a personal representative, special or public administrator, creditor, heir, devisee, assignee or transferee in full or partial satisfaction of a claim under this subsection. [2005, c. 12, Pt. DDD, §12 (new); §17 (aff).]

[2005, c. 12, Pt. DDD, §12 (amd); §17 (aff).]

3. Definitions. For purposes of this section, "3rd party" or "liable party" or "potentially liable party" means any entity, including, but not limited to, an insurance carrier that may be liable under a contract to provide health, automobile, workers' compensation or other insurance coverage that is or may be liable to pay all or part of the medical cost of injury, disease, disability or similar occurrence of an applicant or recipient of benefits under the MaineCare program. For purposes of this section and sections 18 and 19, an "insurance carrier" includes health insurers, group health plans as defined in 29 United States Code, Section 1167(1), service benefit plans and health maintenance organizations. "Liable party," "potentially liable party" or "3rd party" also includes the trustee or trustees of any mortuary trust established by the recipient or on the recipient's behalf in which there is money remaining after the actual costs of the funeral and burial have been paid in accordance with the terms of the trust and in which there is no provision that the excess be paid to the decedent's estate. "Liable party," "potentially liable party" or "3rd party" may also include the recipient of benefits under the MaineCare program. [2003, c. 20, Pt. K, §2 (amd).]

Section History:
PL 1979,
Ch. 145,
§ (NEW).
PL 1979,
Ch. 610,
§1,2 (AMD).
PL 1981,
Ch. 24,
§1,2 (AMD).
PL 1981,
Ch. 698,
§92 (AMD).
PL 1987,
Ch. 203,
§ (AMD).
PL 1987,
Ch. 621,
§ (AMD).
PL 1989,
Ch. 397,
§2 (AMD).
PL 1989,
Ch. 778,
§1-3 (AMD).
PL 1991,
Ch. 9,
§N1-6 (AMD).
PL 1991,
Ch. 815,
§1 (AMD).
PL 1993,
Ch. 410,
§I2,3 (AMD).
PL 1993,
Ch. 707,
§I1 (AMD).
PL 1995,
Ch. 462,
§D2,3 (AMD).
PL 1997,
Ch. 395,
§E1 (AMD).
PL 1997,
Ch. 795,
§1-4 (AMD).
PL 1999,
Ch. 483,
§1,2 (AMD).
PL 1999,
Ch. 668,
§94-99 (AMD).
PL 1999,
Ch. 731,
§TT1-6 (AMD).
PL 2003,
Ch. 20,
§K2 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
PL 2005,
Ch. 12,
§DDD17 (AFF).
PL 2005,
Ch. 12,
§DDD9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §15. Civil liability of persons making false claims

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§15. Civil liability of persons making false claims

Any person, firm, association, partnership, corporation or other legal entity who makes or causes to be made or presents or causes to be presented for payment or approval any claim upon or against the department or upon any funds administered by the department, knowing such claim to be false, fictitious or fraudulent or who, for the purpose of obtaining or aiding another to obtain the payment or approval of such a claim, makes any false written statement or submits any false document that the person does not believe to be true, or who enters into any agreement, combination or conspiracy to defraud the department by obtaining the payment or approval of any false, fictitious or fraudulent claim, shall, in addition to any criminal liability that may be provided by law, be subject to civil suit by this State in the Superior Court for recovery of civil penalties to include the following: [1995, c. 191, §1 (amd).]

1. Restitution. Restitution for all excess benefits or payments made; [1981, c. 242, §2 (new).]

2. Payment of interest. Payment of interest on the amount of the excess benefits or payments as set forth in subsection 1 at the maximum legal rate in effect on the date the payment was made and computed for the date payment was made to the date on which repayment is made; [1981, c. 242, §2 (new).]

3. Payment of civil penalties. Payment of civil penalties, without regard to the amount in controversy, in an amount which is threefold the amount of such excess benefits or payments as set forth in subsection 1, but in any case not less than $2,000 for each false claim for assistance, benefits or payments, or for each document submitted in support of such false claim, whichever is the greater amount; [1995, c. 191, §2 (amd).]

4. Cost of the suit. Cost of the suit; [1995, c. 191, §3 (amd).]

5. Costs of investigation. Costs of investigation; and [1995, c. 191, §4 (new).]

6. Attorney's fees. Attorney's fees. [1995, c. 191, §4 (new).]

Section History:
PL 1981,
Ch. 242,
§2 (NEW).
PL 1995,
Ch. 191,
§1-4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §16-A. Mandatory insurance data matches

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§16-A. Mandatory insurance data matches

1. Persons receiving MaineCare benefits. Upon request by the department in order to identify persons who have been employed in the State or who have been employers in the State or who received monetary benefits of any kind from a state agency, all state agencies shall provide to the department information about persons who have been receiving, are currently receiving or are legally responsible for some or all of the medical expenses of an individual who is receiving MaineCare benefits. The information must be transmitted promptly in response to the department's request and must be provided in a manner that allows the department's electronic identification of former or current MaineCare members who had or have income during any period of MaineCare coverage. [2003, c. 20, Pt. K, §3 (new).]

2. Persons with health insurance coverage. Upon request by the department, a nonprofit hospital or medical service organization authorized under Title 24 or an insurer authorized under Title 24-A shall provide to the department a list of persons who have health insurance coverage with the organization or insurer. The information must be transmitted promptly in response to the department's request and must be provided in a manner that allows the department's electronic identification of former or current MaineCare members who had or have health insurance coverage during any period of MaineCare coverage. [2003, c. 20, Pt. K, §3 (new).]

Section History:
PL 2003,
Ch. 20,
§K3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 22 - §16. Access to financial records of deposit accounts of recipients of public assistance

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§16. Access to financial records of deposit accounts of recipients of public assistance

1. Definitions. For the purposes of this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Financial institution" means a trust company, savings bank, industrial bank, commercial bank, savings and loan association or credit union organized under the laws of this State or otherwise authorized to do business in this State. [1985, c. 819, Pt. A, §24 (reen).]

B. "Match" means a comparison by name and social security number of individuals included in any public assistance roll with individuals included in records of deposit accounts in any financial institution. [1985, c. 819, Pt. A, §24 (reen).]

C. "Public assistance" means aid, assistance or benefits available through:

(1) A program of temporary assistance for needy families administered in this State pursuant to chapter 1053-B or the Parents as Scholars program pursuant to chapter 1054-B;

(2) A program of medical assistance administered in this State pursuant to chapter 855; or

(3) Any other program that is based on need and is conducted or administered by this State.
[1997, c. 530, Pt. A, §7 (amd).]

D. "Public assistance roll" means a list of individuals who are receiving aid, assistance or benefits in this State under one or more public assistance programs. The list may include individuals whose applications for aid, assistance or benefits are pending at the time of the match. [1985, c. 819, Pt. A, §24 (reen).]

[1997, c. 530, Pt. A, §7 (amd).]

2. Verification procedure. Upon written request from the commissioner and at the expense of the department, each financial institution in this State shall match its records of deposit accounts against public assistance rolls provided to the financial institution by the department and shall compile for the department a list of accounts that, as a result of the match, appear to be owned in whole or in part by recipients of or applicants for public assistance. The list of accounts shall include the name and social security number of each matched applicant or recipient and the type of deposit account, the account number and the account balance that appear in the records of the financial institution. The department shall be responsible for making its computer data compatible with the data of any financial institution with which a match is sought. The department may not automatically terminate or deny public assistance benefits solely on the basis of information received through a match, nor shall anything in this section be construed to create a lien on or otherwise encumber deposit accounts that are subject to a match. The department shall ensure that the privacy of individuals involved in matching will be protected to the maximum extent possible. [1985, c. 819, Pt. A, §24 (reen).]

3. Repeal. [1985, c. 668, §2 (rp).]

Section History:
PL 1983,
Ch. 784,
§4 (NEW).
PL 1985,
Ch. 668,
§2 (AMD).
PL 1985,
Ch. 819,
§A24 (REN).
PL 1997,
Ch. 530,
§A7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §17. Access to financial records of deposit accounts of individuals who owe overdue child support

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§17. Access to financial records of deposit accounts of individuals who owe overdue child support

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Depositor" has the same meaning as used in Title 9-B, and includes "share account holders" of credit unions. [1995, c. 419, §28 (new).]

B. "Financial institution" means a trust company, savings bank, industrial bank, commercial bank, savings and loan association or credit union organized under the laws of this State or otherwise authorized to do business in this State. [1995, c. 419, §28 (new).]

C. "Match" means an automated comparison by name and social security number of a list of obligors provided to a financial institution by the department and a list of depositors of any financial institution. [1995, c. 419, §28 (new).]

D. "Obligor" means a person who owes overdue support. [1995, c. 419, §28 (new).]

E. "Overdue support" means a debt of $500 or more for maintenance and support of a child or children that has been owed for a least 60 days, if the obligor had prior notice of the debt and a prior opportunity to contest the amount owed. "Overdue support" includes spousal support or alimony being collected in conjunction with child support. [1995, c. 419, §28 (new).]

[1995, c. 419, §28 (new).]

2. Computer match. Upon written request from the commissioner to a financial institution in this State with the technological capacity to perform a match, the financial institution shall perform a match using the list of obligors' social security numbers provided by the department. The department is responsible for making its computer data compatible with the data of the financial institution with which a match is sought. The department's data, at a minimum, must include the full name and social security number of and the amount of overdue support owed by each obligor. The department may not request a financial institution to perform a match under this section more often than once every calendar quarter. [1997, c. 537, §53 (amd); §62 (aff).]

3. Compilation of match list. After completing a match requested by the department under subsection 2, a financial institution shall compile for the department a list of those depositors whose social security numbers match the list of social security numbers of obligors provided by the department. The list must contain the following information, if available to the financial institution through its matching procedure, for each account identified:

A. The obligor's full name; [1995, c. 419, §28 (new).]

B. The obligor's social security number; [1995, c. 419, §28 (new).]

C. The financial institution account number; and [1995, c. 419, §28 (new).]

D. The amount of deposits contained in the account, if available. [1995, c. 419, §28 (new).]

[1995, c. 419, §28 (new).]

4. Notice to department. A financial institution that has compiled a match list under subsection 3 shall send the list to the department at the address designated by the department. [1995, c. 419, §28 (new).]

5. Notice to customer. The financial institution may not provide notice in any form to a depositor contained in a match list submitted to the department under subsection 4. Failure to provide notice to a depositor does not constitute a violation of the financial institution's duty of good faith to its customers. [1995, c. 419, §28 (new).]

6. Reasonable fee. To cover the costs of carrying out the requirements of this section, a financial institution may assess a reasonable fee to the department not to exceed the actual costs incurred by the financial institution. [1995, c. 419, §28 (new).]

7. Confidentiality. The list of obligors, with their social security numbers and the amount of the overdue support provided by the department to a financial institution is confidential. The information may be used only for the purpose of carrying out the requirements of this section. Knowing or intentional use of the information, without authorization from the department, is a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. [1995, c. 419, §28 (new).]

8. Immunity from liability; hold harmless. A financial institution is immune from any liability for its good faith actions to comply with this section. The department shall defend and hold harmless, including compensation for attorney's fees, a financial institution that acts in good faith to carry out the requirements of this section. [1995, c. 419, §28 (new).]

9. Rulemaking. The department shall adopt rules to carry out this section. [1995, c. 419, §28 (new).]

10. Repeal. [1997, c. 537, §54 (rp); §62 (aff).]

Section History:
PL 1995,
Ch. 419,
§28 (NEW).
PL 1997,
Ch. 537,
§53,54 (AMD).
PL 1997,
Ch. 537,
§62 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §18. Private Health Insurance Premium Program

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§18. Private Health Insurance Premium Program

1. Program. The Private Health Insurance Premium Program is operated by the Bureau of Medical Services within the department and implements the provisions of 42 United States Code, Section 1396a(a)(25)(G) and 1396e. [1997, c. 795, §5 (new).]

2. Condition for eligibility. The department shall require, as a condition of being or remaining eligible for medical assistance, an individual otherwise entitled to medical assistance under this Title to apply for enrollment in a group health plan in which the individual is otherwise eligible to be enrolled, if the department determines that enrollment is cost-effective. For purposes of this section, the term "cost-effective" means that the reduction in medical assistance expenditures as a result of the individual's enrollment in a group health plan is likely to be greater than the additional expenditures by the department for premiums and cost-sharing with respect to that enrollment. [1997, c. 795, §5 (new).]

3. Payments covered. If the individual enrolls in a group health plan or is accepted for coverage under an individual health insurance policy pursuant to the department's approval under the Private Health Insurance Premium Program, except as provided in subsection 5, the department shall provide for payments of all premiums, deductibles, coinsurance and other cost-sharing obligations for items and services otherwise covered under the department's medical assistance program and shall treat coverage under the group health plan or the individual health insurance policy as a 3rd-party liability under section 14. [1997, c. 795, §5 (new).]

4. Family enrollment in employer plan. The department shall require, as a condition of being or remaining eligible for medical assistance, an individual who is a parent, is eligible for medical assistance under this Title and is eligible for family health coverage through an employer, to apply for enrollment for each eligible child. If the employed parent refuses to apply for such enrollment, the employer shall accept an application for enrollment of children, if otherwise eligible for family health coverage, submitted by the other parent or by the department. The employer shall enroll children in the employer plan without regard to any enrollment season restrictions. [1997, c. 795, §5 (new).]

5. Cost-effective enrollment. If some members of a family are not eligible for medical assistance under this Title and enrollment of the family members who are eligible for medical assistance is not possible without also enrolling the members who are not eligible for medical assistance, the department shall provide for payment of enrollment premiums for all family members if, taking into account payment of all such premiums, the enrollment is cost-effective. [1997, c. 795, §5 (new).]

Section History:
PL 1997,
Ch. 795,
§5 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
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Title 22 - §19. Prohibition against insurer discrimination

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§19. Prohibition against insurer discrimination

Insurers may not consider the availability or eligibility for medical assistance under this Title pursuant to 42 United States Code, Chapter 7, Subchapter XIX when considering coverage eligibility or benefit calculations for insureds and covered family members or for individuals and their family members for whom application has been made for coverage. [1997, c. 795, §5 (new).]

Section History:
PL 1997,
Ch. 795,
§5 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §2. Legal assistance from Attorney General

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§2. Legal assistance from Attorney General

The Attorney General and the several district attorneys within their respective counties, when requested, shall furnish such legal assistance, counsel or advice as the department may require in the discharge of its duties. [1973, c. 567, § 20 (amd).]

Section History:
PL 1973,
Ch. 567,
§20 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §22. Electronic benefit transfer system established

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1-A: ELECTRONIC BENEFIT TRANSFER SYSTEM (HEADING: PL 1995, c. 675, @1 (new))

§22. Electronic benefit transfer system established

The department is authorized to establish an electronic benefit transfer system for the issuance of benefits under the AFDC, food stamp, Temporary Assistance for Needy Families, Parents as Scholars and Medicaid programs. [1997, c. 530, Pt. A, §10 (amd).]

1. Rulemaking. In accordance with Title 5, chapter 375, the department shall adopt rules required for implementation of this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1995, c. 675, §1 (new).]

2. Other programs. The department may add other programs to the EBT system if approved for addition by their respective departments, as long as rules are adopted by the department and other departments for the administration of and delivery of benefits under those programs. [1995, c. 675, §1 (new).]

3. Participation. All recipients of benefits under the AFDC, food stamp and Medicaid program or another program approved for addition under subsection 2 must participate in the EBT system. [1995, c. 675, §1 (new).]

4. Restriction. The following requirements apply prior to implementation of the EBT system and as applied to each program using the EBT system:

A. The department and other departments must determine that use of the EBT system will not decrease benefits or result in unreasonable costs to the recipients; and [1995, c. 675, §1 (new).]

B. The department and other departments must successfully complete a request-for-proposals evaluation and contract negotiations that ensure that the EBT system will be cost-effective for the individual program. [1995, c. 675, §1 (new).]

[1995, c. 675, §1 (new).]

Section History:
PL 1995,
Ch. 675,
§1 (NEW).
PL 1997,
Ch. 530,
§A10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3-A. State wards

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§3-A. State wards

When a state ward becomes 18 years of age and the state ward and the department agree that need for care and support for educational, social or physical reasons exists, the department is authorized to continue care and support of this person up to the age of 21 years. [2003, c. 708, §1 (amd).]

1. Continued support for certain state wards who reach 21 years of age and are enrolled in postsecondary education programs. When a state ward who is enrolled in a postsecondary education program becomes 21 years of age prior to the completion of the postsecondary education program, the department is authorized, at its discretion and by agreement with that state ward, to continue providing support for room, board and related education expenses until the state ward becomes 23 years of age. Funds allocated under this subsection must come from an identified education and training account specifically established for the postsecondary education-related costs of state wards after they become 21 years of age and before they become 23 years of age. [2003, c. 708, §1 (new).]

Section History:
PL 1971,
Ch. 598,
§33 (NEW).
PL 1971,
Ch. 622,
§69-D (AMD).
PL 2003,
Ch. 708,
§1 (AMD).
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Title 22 - §3-B. Emergency medical care

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§3-B. Emergency medical care

Any children's home, licensed under chapter 1663, is authorized to consent to emergency medical treatment for any state ward in residence in the home if payment for this treatment is available under Title 19 of the Social Security Act. Within 24 hours following any emergency treatment, the children's home shall notify the department of the nature of the emergency situation, the emergency treatment which has been given and the need, if any, for further treatment. [1977, c. 454, § 1 (new).]

Section History:
PL 1977,
Ch. 454,
§1 (NEW).
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Office of the Revisor of Statutes
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Title 22 - §3-C. Clearinghouse of information on handicapped housing accessibility

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§3-C. Clearinghouse of information on handicapped housing accessibility

The commissioner shall establish a central clearinghouse of information concerning housing available throughout the State that is accessible in whole or in part to handicapped people. The clearinghouse of information shall also provide information to the general public and building construction contractors with respect to handicapped accessible housing standards and costs, location of need for handicapped housing, the type of handicapped housing for which there is demand and any other information deemed by the commissioner to be useful or necessary. [1987, c. 730, §2 (new).]

Section History:
PL 1987,
Ch. 730,
§2 (NEW).
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Office of the Revisor of Statutes
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Title 22 - §3-D. Maine Center for Public Health Practice

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§3-D. Maine Center for Public Health Practice

The department may establish a nonprofit corporation pursuant to the Maine Nonprofit Corporation Act to be known as the Maine Center for Public Health Practice and referred to in this chapter as the "corporation." The purpose of the corporation is to plan, promote and coordinate health services research, training and policy efforts utilizing a consortium of public and private organizations within the State including the public university system. The corporation's research, evaluation and demonstration efforts may include, but are not limited to, the following: [1995, c. 598, Pt. A, §1 (new).]

1. The health of Maine's population. The cause, effects, extent and nature of illness and disability among all or a particular group of the people of this State; [1995, c. 598, Pt. A, §1 (new).]

2. The effects of ill health. The impact of personal illness and disability on the economy of this State and the well-being of all or a particular group of the people of this State; [1995, c. 598, Pt. A, §1 (new).]

3. Health-related issues. Environmental, laboratory, social and other health-related issues; [1995, c. 598, Pt. A, §1 (new).]

4. Health-related knowledge. The health-related knowledge and practices of the people of this State; [1995, c. 598, Pt. A, §1 (new).]

5. Health resources. The quality and availability of health resources in this State, including, but not limited to, health care institutions and health professions; [1995, c. 598, Pt. A, §1 (new).]

6. Health behaviors. The determinants of health and nutrition practices and status, including, but not limited to, behaviors that are related to health; [1995, c. 598, Pt. A, §1 (new).]

7. Access to care. Access to and use of health care services by all or a particular group of the people of this State, including, but not limited to, the use of ambulatory health care services. The access and use may be categorized by specialty and type of practice of the health professional or health facility providing the service; and [1995, c. 598, Pt. A, §1 (new).]

8. Public health. Public health policies and programs. [1995, c. 598, Pt. A, §1 (new).]

Section History:
PL 1995,
Ch. 598,
§A1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §3. Duties of department

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§3. Duties of department

The department shall have the general supervision of the interests of health and life of the citizens of the State. It shall study the vital statistics of the State and endeavor to make intelligent and profitable use of the collected records of deaths and of sickness among people. It shall make sanitary investigations and inquiries respecting the causes of disease and especially of communicable diseases and epidemics, the causes of mortality and the effects of localities, employments, conditions, ingesta, habits and circumstances on the health of the people. It shall investigate the causes of disease occurring among the stock and domestic animals in the State and the methods of remedying the same. It shall gather such information in respect to all these matters as it may deem proper for diffusion among the people. It shall, when required or when it shall deem it best, advise officers of the government, or other boards within the State, in regard to the location, drainage, water supply, disposal of excreta, heating and ventilation of any public institution or building. It shall from time to time examine and report upon works on the subject of hygiene for the use of the schools of the State. It shall have general oversight and direction of the enforcement of the statutes respecting the preservation of health. It may direct any officer or employee of the department to assist in the study, suppression or prevention of disease in any part of the State. The department shall administer all state funds and appropriations for the aid of private institutions and agencies doing health and welfare work in the State.

1. Report. The Department of Health and Human Services shall prepare an annual report on all services contracted with community providers. The department shall deliver its report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs by January 31st of each year. The report shall include:

A. A listing, by community agency, of all funds received from the State and a summary of the purposes for which those funds were expended; [1989, c. 167, §1 (new).]

B. A summary of the most recent year's allocations of all funds by bureau or office, service area, region and, if available, county; [1989, c. 167, §1 (new).]

C. An evaluation of additional funding needed to equalize funding among all regions by individual service areas, presented in prioritized order; [1989, c. 167, §1 (new).]

D. The department's assessment, by individual service area, of the outstanding service needs of the State. The assessment shall identify the funding source projected by the department to be available for the expansion of service, presented in prioritized order; and [1989, c. 167, §1 (new).]

E. Recommendations for changes in funding resulting from the department's planning and evaluation system presented in the following order of priority: greatest service need within existing funding scheme; equalization of regional funding with each service area; and new or outstanding needs. [1989, c. 167, §1 (new).]

[1989, c. 167, §1 (new); 2003, c. 689, Pt. B, §6 (rev).]

Section History:
PL 1965,
Ch. 207,
§1 (AMD).
PL 1975,
Ch. 751,
§1 (AMD).
PL 1987,
Ch. 349,
§H12 (AMD).
PL 1989,
Ch. 167,
§1 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §4. Advise on incorporation of institutions

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§4. Advise on incorporation of institutions

The department shall give its opinion as to the advisability of the proposed organization and incorporation of all institutions of a charitable, eleemosynary, correctional or reformatory character which are or shall be subject to the supervision and inspection of the department.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §41-A. Biennial funding comparison report

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§41-A. Biennial funding comparison report

By January 31, 2003, and every 2 years thereafter, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs the amounts of appropriations and allocations that would be required to fully fund all reimbursable costs for nursing facilities and medical and remedial private nonmedical institutions covered by the department, determined pursuant to the department's principles of reimbursement and the amounts of appropriations and allocations that would be necessary to raise the reimbursement rates for all providers of services reimbursed under the Medicaid program on a fee-for-service basis who are reimbursed below 70% of usual and customary rates to a level equal to 70% of usual customary rates, as long as the rate does not exceed the rate allowed by federal law or regulation. The information in the report regarding nursing facilities and private nonmedical institutions must be presented in a manner that compares the amounts that would be required to fully fund the 2 types of facilities, the amounts that are requested in the Governor's budget bill and the amounts that were appropriated and allocated for each of the 2 years of the biennium in which the report is made. [2001, c. 666, Pt. D, §1 (new).]

Section History:
PL 2001,
Ch. 666,
§D1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §41. Commissioner's report

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§41. Commissioner's report

The commissioner, as soon as practicable after the close of the fiscal year which is indicated by an even number, shall report to the Governor the activities of the department during the biennial period just ended with such suggestions as to legislative action as he deems necessary or important. [1975, c. 771, § 211 (amd).]

Section History:
PL 1975,
Ch. 771,
§211 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §42-A. Duties of the Department of Health and Welfare (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§42-A. Duties of the Department of Health and Welfare (REPEALED)

Section History:
PL 1969,
Ch. 554,
§1 (NEW).
PL 1973,
Ch. 521,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §42-B. Adoption of a grievance procedure concerning discrimination on the basis of handicap (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§42-B. Adoption of a grievance procedure concerning discrimination on the basis of handicap (REPEALED)

Section History:
PL 1985,
Ch. 385,
§ (NEW).
PL 1989,
Ch. 502,
§A64 (AMD).
PL 1995,
Ch. 318,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 22 - §42. Rules and regulations (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§42. Rules and regulations (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. General. The department shall issue rules and regulations considered necessary and proper for the protection of life, health and welfare, and the successful operation of the health and welfare laws. The rules and regulations shall be adopted pursuant to the requirements of the Maine Administrative Procedure Act. [1977, c. 694, §331 (amd).]

1-A. Administration of medication. The administration of medication in boarding care facilities, drug treatment centers, day care facilities, children's homes and nursery schools and group home intermediate care facilities for the mentally retarded shall be in accordance with rules established by the department. In other facilities licensed or approved by the department, excluding those facilities licensed under section 1811, other than group home intermediate care facilities for the mentally retarded, the department may establish rules for the administration of medication as it deems necessary. In establishing rules for each type of facility, the department shall consider, among other factors, the general health of the persons likely to receive medication, the number of persons served by the facility and the number of persons employed at the facility who might be involved in the administration of medication. Any rules for the administration of medication shall be established in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1983, c. 284, §1 (amd).]

2. Department records. The department shall make and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department, and especially those which pertain to the granting of public assistance. The use of such records, papers, files and communications by any other agency or department of government to which they may be furnished shall be limited to the purposes for which they are furnished and by the law under which they may be furnished. It shall be unlawful for any person, except for purposes directly connected with the administration of the public assistance and in accordance with the rules and regulations of the department, to solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such assistance, directly or indirectly, derived from the records, papers, files or communications of the State or subdivisions or agencies thereof, or acquired in the course of the performance of official duties. Any person violating any provision of this subsection shall be punished by a fine of not more than $500 or by imprisonment for not more than 11 months, or by both. [1973, c. 521, §1 (rpr).]

3. Subsurface sewage disposal. The department shall adopt minimum rules relating to subsurface sewage disposal systems. All rules, including installation and inspection rules, must be consistent with Title 30-A, chapter 185, subchapter III and Title 32, chapter 49, but this does not preempt the authority of municipalities under Title 30-A, section 3001 to adopt more restrictive ordinances. These rules may regulate the location of water supply wells to provide minimum separation distances from subsurface sewage disposal systems. The department may require a deed covenant or deed restriction when determined necessary. Any person who violates the rules adopted under this subsection, or who violates a municipal ordinance adopted pursuant to Title 30-A, sections 4201 and 4211 or uses a subsurface waste water disposal system not in compliance with rules applicable at the time of installation or modification must be penalized in accordance with Title 30-A, section 4452. Enforcement of the rules is the responsibility of the municipalities rather than the department. The department or a municipality may seek to enjoin violations of the rules or municipal ordinances. In the prosecution of a violation by a municipality, the court shall award reasonable attorney's fees to a municipality if that municipality is the prevailing party, unless the court finds that special circumstances make the award of these fees unjust. [1997, c. 727, Pt. C, §4 (amd).]

3-A. Licensing of persons to evaluate soils for subsurface wastewater disposal systems. The department shall adopt rules providing for professional qualification and competence, ethical standards, licensing and relicensing and revocation of licenses of persons to evaluate soils for the purpose of designing subsurface wastewater disposal systems. The hearings provided for in subsection 3 must include consideration of the adoption or change of those rules. The department shall investigate or cause to be investigated all cases or complaints of noncompliance with or violations of this section and the rules adopted pursuant to this section. The department has the authority to grant or amend, modify or refuse to issue or renew a license in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter V. The District Court has the exclusive jurisdiction to suspend or revoke the license of any person who is found guilty of noncompliance with or violation of the rules adopted pursuant to this subsection or subsection 3. The department may charge applicants no more than $100 for examination to become a licensed site evaluator. The department shall by rule charge a biennial site evaluator license fee of not more than $150. A licensed site evaluator who is employed by the department to administer this section and does not practice for the public is exempt from the licensee fee requirement. Appropriate rules must be adopted by the department defining the appropriate financial procedure. The fees are paid to the Treasurer of State to be maintained as a permanent fund and used by the department for carrying out its plumbing and subsurface wastewater disposal rules and site evaluation program. [1999, c. 86, §1 (amd); c. 547, Pt. B, §78 (amd); §80 (aff).]

3-B. Inspection of plumbing and subsurface waste water disposal systems. The department shall adopt rules providing for the inspection of plumbing and subsurface waste water disposal systems. In municipalities, the municipal officers shall provide for the appointment of one or more plumbing inspectors. In plantations, the assessors shall appoint plumbing inspectors in accordance with Title 30-A, section 4221. In the unorganized areas of the State, the department shall appoint plumbing inspectors or act in the capacity of a plumbing inspector until a person is appointed. [1991, c. 824, Pt. A, §39 (amd).]

4. Industrial employees. [1977, c. 83, §2 (rp).]

5. Confidentiality of records containing certain medical information. Department records that contain personally identifying medical information that are created or obtained in connection with the department's public health activities or programs are confidential. These records include, but are not limited to, information on genetic, communicable, occupational or environmental disease entities, and information gathered from public health nurse activities, or any program for which the department collects personally identifying medical information. The department's confidential records may not be open to public inspection, are not public records for purposes of Title 1, chapter 13, subchapter I and may not be examined in any judicial, executive, legislative or other proceeding as to the existence or content of any individual's records obtained by the department. Exceptions to this subsection include release of medical and epidemiologic information in such a manner that an individual can not be identified; disclosures that are necessary to carry out the provisions of chapter 250; disclosures made upon written authorization by the subject of the record, except as otherwise provided in this section; and disclosures that are specifically provided for by statute or by departmental rule. Nothing in this subsection precludes the department, during the data collection phase of an epidemiologic investigation, from refusing to allow the inspection or copying of any record or survey instrument, including any redacted record or survey instrument, containing information pertaining to an identifiable individual that has been collected in the course of that investigation. The department's refusal is not reviewable. [2001, c. 407, §1 (amd).]

6. Preadministrative hearing settlement process. The department may adopt rules to establish a preadministrative hearing settlement process. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter II-A. [1997, c. 218, §1 (new).]

7. Appeal process. The department shall amend the rules governing appeals of informal review decisions of MaineCare payment and cost report audit and review issues filed by MaineCare providers of goods and services or initiated by the department and any other informal review decisions that seek to impose repayment, recovery or recoupment obligations or sanctions or fines on providers as provided in this subsection.

A. The department shall give to the provider involved in an informal review decision written notice of the appeal process and the time period for filing a notice of appeal. [2001, c. 666, Pt. C, §1 (new).]

B. [2003, c. 419, §2 (rp).]

C. Compensation under any contract into which the department enters for hearing officer services may reflect the number of appeals on which recommendations are made by the hearing officer and may not reflect the substance of the recommendations made by the hearing officer. [2003, c. 419, §2 (amd).]

D. The hearing officer shall conduct a hearing de novo on issues raised in the notice of appeal filed by the provider and shall in a timely manner render a written recommendation based on the record and in accordance with applicable state and federal law, rule and regulation. The hearing officer shall provide a copy of the recommendation to the department and to the provider along with notice of the opportunity to submit written comments to the commissioner. [2001, c. 666, Pt. C, §1 (new).]

E. The recommendation of the hearing officer must be forwarded to the commissioner for a final decision, based on the record, which must include any written comment submitted in a timely manner by the provider and the department. The commissioner may adopt, adopt with modification or reject the recommendation of the hearing officer. The commissioner shall issue a final decision in writing, which must include the reasons for any departure from the recommendation of the hearing officer and notice of the process for appeal pursuant to Title 5, chapter 375, subchapter 7. If the commissioner deviates from a prior decision cited in the course of a proceeding, the final decision must include an explanation of the reason that the prior decision was not followed. [2003, c. 419, §2 (amd).]

F. By July 1, 2004 the department shall make available on its publicly accessible site on the Internet the decisions in all MaineCare provider appeals beginning January 1, 2004, including the recommendations of the hearing officer and the decision of the commissioner.

(1) The site must include a search feature allowing users to obtain information on specific issues of interest.

(2) The site must protect information that is personal or confidential.
[2003, c. 419, §2 (new).]

G. In lieu of the appeal procedure provided in this subsection, the parties may choose arbitration by a qualified arbitrator or panel of arbitrators as provided in this paragraph. By January 1, 2004, the department shall adopt rules to implement this paragraph that are consistent with federal law and regulation. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

(1) The arbitrator or panel of arbitrators must be selected and compensated as agreed by the parties.

(2) Arbitration under this paragraph is available only when the amount in controversy is $10,000 or less and the subject matter in controversy is assessments, recovery or recoupment orders, sanctions or administrative fines.

(3) A provider choosing arbitration under this paragraph may waive any right of appeal.
[2003, c. 419, §2 (new).]

H. In an administrative appeal of an informal review decision under this subsection, the department bears the burden of proving a violation of law or rule by a preponderance of the evidence. If the department proves that existing and available records of goods or services are defective, the department may impose a penalty or sanction, including total recoupment. Total recoupment for defective records is warranted only when the provider has failed to demonstrate by a preponderance of the evidence that the disputed goods or services were medically necessary, MaineCare-covered goods or services and were actually provided to eligible MaineCare members. [2003, c. 688, Pt. C, §7 (amd).]

The department shall provide funding for contractual services under this subsection from within existing resources. [2003, c. 688, Pt. C, §7 (amd).]

8. (TEXT EFFECTIVE UNTIL 7106) Adoption of rules with retroactive application. The department is authorized to adopt rules that have a retroactive application for a period not to exceed 8 calendar quarters prior to the date of issuance of the rule in accordance with the provisions of this subsection.

A. The Bureau of Medical Services is authorized to adopt rules that have retroactive application when necessary to maximize available federal revenue sources, specifically regarding the federal Medicaid program, or to conform to the state Medicaid plan as filed with the Federal Government. The Bureau of Family Independence is authorized to adopt rules in the MaineCare, Temporary Assistance for Needy Families and food stamp programs that have retroactive application to comply with federal requirements or to conform to the state Medicaid plan as filed with the Federal Government. [2003, c. 612, §1 (new).]

B. With respect to any services that MaineCare providers have rendered prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments that those providers are entitled to receive under the previously applicable rules. The reimbursement or other payments under the amended rules must be equal to or greater than the reimbursement under the rules previously in effect. [2003, c. 612, §1 (new).]

C. For any benefits or services in the MaineCare, Temporary Assistance for Needy Families or food stamp programs that beneficiaries have received prior to the date of adoption of retroactive rules adopted pursuant to this subsection, such rules may not reduce or otherwise negatively affect the reimbursement or other payments, benefits or services that those beneficiaries are entitled to have covered or paid under the previously applicable rules. The reimbursement or other payments, benefits or services under the amended rules must be equal to or greater than under the rules previously in effect. [2003, c. 612, §1 (new).]

D. This subsection does not give the department the authority to adopt retroactively any rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or food stamp recipient or the beneficiary or recipient of any other program administered by the department. Specific statutory authority is required for adoption of a retroactive rule that has an adverse financial impact on any MaineCare provider or member, Temporary Assistance for Needy Families program or food stamp recipient or the beneficiary or recipient of any other program administered by the department. [2003, c. 612, §1 (new).]

E. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A; except that, if the underlying statutory rule-making authority for a rule or set of rules specifies that rules adopted pursuant to that authority are major substantive rules, then the related rule or rules adopted under this subsection are major substantive rules. [2003, c. 612, §1 (new).]

F. This subsection is repealed July 1, 2006. [2003, c. 612, §1 (new).]

[2003, c. 612, §1 (new).]

8. (TEXT REPEALED 7106) Adoption of rules with retroactive application. [2003, c. 612, §1 (new); T. 22, §42, sub-§8, paragraph F (rp).]

9. Effective date of newly adopted rules. Notwithstanding any other provision of law, when the department adopts a rule affecting a process or procedural change for licensed health care providers, the rule may not take effect for at least 30 days unless the department determines that an emergency rule is necessary pursuant to Title 5, section 8054 or unless the rule affects reimbursement rates applicable to those licensed health care providers. For the purposes of this subsection, "licensed health care provider" means a physician, clinic, hospital, health maintenance organization, home health agency, private clinical laboratory or other person who provides primary health care services and is registered or licensed by the State. [2005, c. 241, §1 (new).]

Section History:
PL 1967,
Ch. 233,
§ (AMD).
PL 1973,
Ch. 521,
§1 (RPR).
PL 1975,
Ch. 293,
§4 (AMD).
PL 1975,
Ch. 760,
§3,4 (AMD).
PL 1975,
Ch. 762,
§1 (AMD).
PL 1977,
Ch. 83,
§2 (AMD).
PL 1977,
Ch. 286,
§1 (AMD).
PL 1977,
Ch. 497,
§2 (AMD).
PL 1977,
Ch. 694,
§331,332 (AMD).
PL 1979,
Ch. 244,
§ (AMD).
PL 1979,
Ch. 390,
§ (AMD).
PL 1981,
Ch. 38,
§1-3 (AMD).
PL 1981,
Ch. 60,
§ (AMD).
PL 1981,
Ch. 376,
§1-3 (AMD).
PL 1983,
Ch. 284,
§1 (AMD).
PL 1983,
Ch. 796,
§8 (AMD).
PL 1985,
Ch. 612,
§1-3 (AMD).
PL 1987,
Ch. 737,
§C64,C106 (AMD).
PL 1989,
Ch. 6,
§ (AMD).
PL 1989,
Ch. 9,
§2 (AMD).
PL 1989,
Ch. 104,
§C4,C8,C10 (AMD).
PL 1989,
Ch. 483,
§A32 (AMD).
PL 1989,
Ch. 878,
§A53 (AMD).
PL 1991,
Ch. 548,
§A16 (AMD).
PL 1991,
Ch. 824,
§A39 (AMD).
PL 1991,
Ch. 827,
§1 (AMD).
PL 1991,
Ch. 827,
§2 (AFF).
PL 1993,
Ch. 295,
§1 (AMD).
PL 1997,
Ch. 218,
§1 (AMD).
PL 1997,
Ch. 727,
§C4 (AMD).
PL 1999,
Ch. 86,
§1 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2001,
Ch. 407,
§1 (AMD).
PL 2001,
Ch. 666,
§C1 (AMD).
PL 2003,
Ch. 419,
§2 (AMD).
PL 2003,
Ch. 612,
§1 (AMD).
PL 2003,
Ch. 613,
§2 (AMD).
PL 2003,
Ch. 688,
§C7 (AMD).
PL 2005,
Ch. 241,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §43. Committee of Health and Welfare (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§43. Committee of Health and Welfare (REPEALED)

Section History:
PL 1965,
Ch. 444,
§1 (AMD).
PL 1973,
Ch. 793,
§17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §44. Powers and duties (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§44. Powers and duties (REPEALED)

Section History:
PL 1965,
Ch. 444,
§2 (AMD).
PL 1973,
Ch. 793,
§17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §45. Appropriated funds transferable

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§45. Appropriated funds transferable

The appropriations made by the Legislature to any division of the department may be combined or transferred from one division to another thereof by authority of the Governor when such is deemed necessary. [1977, c. 78, § 1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §46. Charitable and benevolent institutions to submit itemized bills; recipients not deemed paupers

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§46. Charitable and benevolent institutions to submit itemized bills; recipients not deemed paupers

No part of any appropriations made by the State for the care, treatment, support or education of any person by any charitable or benevolent organization not wholly owned or controlled by the State shall be paid until duly itemized bills, showing the name of the person receiving the service, the date on which the service was rendered, and the rate charged therefor per day or week, shall have been filed with the State Controller together with a certificate from the department that satisfactory evidence has been filed in its office by the organization furnishing the service that the persons receiving the service were in need of such services; that they were not able to pay for the same; that the rates charged are not greater than those charged to the general public for the same service. The only exceptions to the above specific procedures are those instances in which the charitable or benevolent organization by agreement with the department elects to return its state appropriation, either in whole or in part, to the department for matching with federal funds. [1981, c. 470, Pt. A, § 54 (amd).] div>
In all instances, payments made by the State to charitable and benevolent organizations under this section shall be governed by such rules and regulations and rates as are prescribed by the department. No person shall be deemed a pauper by reason of having received the benefit of any funds, either state or municipal, which shall have been expended in his behalf under this section. [1971, c. 622, § 69-C (amd).]

Section History:
PL 1969,
Ch. 283,
§ (AMD).
PL 1971,
Ch. 622,
§69-B,69-C (AMD).
PL 1981,
Ch. 470,
§A54 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §47. Penalties and jurisdiction

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§47. Penalties and jurisdiction

1. Hinder, obstruct or interfere with agent. A person who hinders, obstructs or interferes with an officer, inspector or duly authorized agent of the department while in the performance of the officer's, inspector's or agent's duties commits a Class E crime. [2003, c. 452, Pt. K, §1 (new); Pt. X, §2 (aff).]

2. Violation of order, rule or regulation. A person who violates an order, rule or regulation of the department made for the protection of life or health under law commits a Class E crime unless otherwise provided in this Title. [2003, c. 452, Pt. K, §1 (new); Pt. X, §2 (aff).]

3. Violation of Title. Unless another penalty has been expressly provided, a person who violates a provision of this Title or intentionally or knowingly fails, neglects or refuses to perform any of the duties imposed upon that person by this Title commits a Class E crime. [2003, c. 452, Pt. K, §1 (new); Pt. X, §2 (aff).]

4. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. K, §1 (new); Pt. X, §2 (aff).]

Section History:
PL 1973,
Ch. 521,
§3 (AMD).
PL 1987,
Ch. 774,
§1 (AMD).
PL 1991,
Ch. 797,
§6 (AMD).
PL 2003,
Ch. 452,
§K1 (RPR).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §48. Provider relations

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§48. Provider relations

Department personnel assigned to MaineCare provider relations shall assist MaineCare providers in addressing and resolving in a cost-effective and expeditious manner any disagreements between the department and providers or groups of providers. Provider relations personnel shall receive and investigate complaints and concerns from providers regarding the MaineCare program and the MaineCare reimbursement prior to informal review or administrative hearing. In performing their duties under this subsection, the provider relations personnel must have access to the Director of the Bureau of Medical Services. The department shall implement the provisions of this section within existing resources. [2003, c. 419, §3 (new).]

Section History:
PL 2003,
Ch. 419,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §49. Certificate of commissioner as evidence

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 2: ADMINISTRATION

§49. Certificate of commissioner as evidence

A certificate of the commissioner in regard to the records of the department is admissible in evidence in all prosecutions under this Title. [2003, c. 452, Pt. K, §2 (new); Pt. X, §2 (aff).]

Section History:
PL 2003,
Ch. 452,
§K2 (NEW).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §5-A. Inspection and licensing of residential facilities for the care, treatment or rehabilitation of drug users (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§5-A. Inspection and licensing of residential facilities for the care, treatment or rehabilitation of drug users (REPEALED)

Section History:
PL 1973,
Ch. 164,
§2 (NEW).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1975,
Ch. 65,
§1-4 (AMD).
PL 1975,
Ch. 623,
§26 (AMD).
PL 1975,
Ch. 719,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §5. Inspection and licensing of institutions, agencies and boarding homes (REPEALED)

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§5. Inspection and licensing of institutions, agencies and boarding homes (REPEALED)

Section History:
PL 1965,
Ch. 462,
§ (AMD).
PL 1971,
Ch. 592,
§34,39 (AMD).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1975,
Ch. 491,
§1 (AMD).
PL 1975,
Ch. 623,
§25 (AMD).
PL 1975,
Ch. 719,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §6-A. Service delivery regions

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§6-A. Service delivery regions

The commissioner shall organize regional service delivery in accordance with the following regional boundaries. [1995, c. 502, Pt. D, §1 (rpr).]

1. Region I. Region I is all of York County and Cumberland County. [1995, c. 502, Pt. D, §1 (rpr).]

2. Region II. Region II is all of Franklin County, Oxford County, Androscoggin County, Somerset County, Kennebec County, Waldo County, Knox County, Lincoln County and Sagadahoc County. [1995, c. 502, Pt. D, §1 (rpr).]

3. Region III. Region III is all of Piscataquis County, Penobscot County, Hancock County, Washington County and Aroostook County. [1995, c. 502, Pt. D, §1 (rpr).]

4. Region IV. [1995, c. 502, Pt. D, §1 (rp).]

5. Region V. [1995, c. 502, Pt. D, §1 (rp).]

Section History:
PL 1991,
Ch. 781,
§D1 (NEW).
PL 1991,
Ch. 781,
§D4 (AFF).
PL 1995,
Ch. 502,
§D1 (RPR).
RR 1995,
Ch. 2,
§39 (COR).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2005,
Ch. 397,
§A18 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §6-B. Joint location of services

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§6-B. Joint location of services

In cooperation with the Bureau of General Services and the Department of Behavioral and Developmental Services, the department shall locate its service delivery sites jointly with those of the Department of Behavioral and Developmental Services, subject to the following provisions. [1993, c. 738, Pt. F, §1 (new); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd).]

1. Leases. Joint location must occur as leases expire, except as provided in subsection 2. A lease may be renegotiated or extended on a short-term basis in order to make its expiration date coincide with those of other relevant leases. [1993, c. 738, Pt. F, §1 (new).]

2. Exceptions. Joint location is not required if the costs of joint location as estimated by the Bureau of General Services substantially exceed the benefits of joint location as estimated by the Bureau of General Services. In estimating benefits, the Bureau of General Services shall consider, but is not limited to, the following:

A. Monetary savings expected from leasing fewer but larger spaces; [1993, c. 738, Pt. F, §1 (new).]

B. Administrative savings expected by either the department or the Department of Behavioral and Developmental Services from sharing regional administrative functions; [1993, c. 738, Pt. F, §1 (new); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd).]

C. Improved access expected for customers; and [1993, c. 738, Pt. F, §1 (new).]

D. Improved coordination and quality of services expected from greater interaction of staff across departments. [1993, c. 738, Pt. F, §1 (new).]

[1993, c. 738, Pt. F, §1 (new); 1995, c. 560, Pt. K, §82 (amd); §83 (aff); 2001, c. 354, §3 (amd).]

3. Other departments. This section does not prohibit the Bureau of General Services from including other state agencies at a joint location site. Other state agencies include, but are not limited to, the Department of Labor, the Department of the Secretary of State and the Department of Education. [1993, c. 738, Pt. F, §1 (new).]

4. Reports. The Bureau of General Services shall submit progress reports regarding the implementation of this section to the joint standing committee of the Legislature having jurisdiction over human resource matters by the following dates:

A. January 1, 1996; [1993, c. 738, Pt. F, §1 (new).]

B. January 1, 1998; and [1993, c. 738, Pt. F, §1 (new).]

C. January 1, 2000. [1993, c. 738, Pt. F, §1 (new).]

[1993, c. 738, Pt. F, §1 (new).]

Section History:
PL 1993,
Ch. 738,
§F1 (NEW).
PL 1995,
Ch. 560,
§K82 (AMD).
PL 1995,
Ch. 560,
§K83 (AFF).
PL 2001,
Ch. 354,
§3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §6-C. Community Services Center

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§6-C. Community Services Center

1. Establishment. The Community Services Center, referred to in this section as "the service center," is established as an agency within the department to provide auditing, licensing and contracting services to the department. Auditing, contracting and licensing services include, but are not limited to, program audits, performance-based contracting, federal grant management, licensing, complaint investigations and other functions as may be determined by the commissioner, except that administrative hearing functions may not be transferred to the service center. The service center's purpose is to provide a single point of access for purchasing and coordinating administration of contracted community services and to coordinate licensing and auditing visits for social service providers in a cost-effective manner to the department. The service center is under the authority and direction of the commissioner or the commissioner's designee. The commissioner shall employ a director of the service center, who is subject to the Civil Service Law. [2005, c. 397, Pt. A, §19 (rpr).]

2. Transfer of property. The commissioner shall approve the transfer of property and equipment as needed for the operation of the service center. [2005, c. 397, Pt. A, §19 (rpr).]

3. Contracting function. The Division of Contracted Community Services of the service center shall provide technical assistance to the bureaus of the department in procuring, distributing and monitoring all state and federal funds. The bureaus of the department retain responsibility for policy direction and decision-making authority regarding funding and services. [2005, c. 397, Pt. A, §19 (rpr).]

4. Repeal. [1999, c. 401, Pt. L, §1 (rp); §2 (aff).]

5. Licensing function. The department retains responsibility for policy direction and decision-making authority regarding licensing decisions concerning facilities providing mental health, mental retardation or substance abuse services. [2005, c. 397, Pt. A, §19 (rpr).]

Section History:
PL 1995,
Ch. 560,
§K82 (AMD).
PL 1995,
Ch. 560,
§K83 (AFF).
PL 1995,
Ch. 665,
§CC1 (NEW).
PL 1995,
Ch. 665,
§CC2 (AFF).
PL 1999,
Ch. 401,
§L1 (AMD).
PL 1999,
Ch. 401,
§L2 (AFF).
PL 2001,
Ch. 354,
§3 (AMD).
PL 2005,
Ch. 397,
§A19 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §6. Distribution of functions

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§6. Distribution of functions

The commissioner shall have the power to distribute the functions and duties outlined in this Title among the various bureaus so as to integrate the work properly and to promote the most economical and efficient administration of the department. div>
Wherever in this Title powers and duties are given to the department these may be and shall be assumed and carried out by such of the bureaus as the commissioner shall designate from time to time, and these powers and duties so delegated may in turn be delegated to subordinates by the said bureau directors with the approval of the commissioner.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §7. Additional duties

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§7. Additional duties

In addition to the specified functions and duties of the department as outlined by this Title, the department shall perform such other functions for the care, custody, treatment and relief of the sick, dependent, defective and delinquent as may be consistent with the general purposes defined and not otherwise contrary to law.

Section History:
PL 1965,
Ch. 425,
§14-A (AMD).
PL 1985,
Ch. 785,
§B83 (AMD).
PL 1985,
Ch. 785,
§C3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §8. Complementary services

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§8. Complementary services

The department shall have authority to offer to persons in need of and unable to provide for themselves such complementary services as are provided by the Department of Health, Education and Welfare under the Social Security Act, as amended. Such services shall include, but not be limited to, homemaker services, home economist consultations, rehabilitation services and related counseling and guidance services. [1965, c. 132 (new).]

Section History:
PL 1965,
Ch. 132,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §9-A. Public assistance eligibility

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§9-A. Public assistance eligibility

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Public assistance" means any of the following:

(1) Temporary assistance for needy families under chapter 1053-B;

(2) Food stamp assistance under section 3104;

(3) General assistance under chapter 855 and any state-funded portion under chapter 1161;

(4) Medical assistance under chapter 855;

(5) Assistance under the Parents as Scholars Program pursuant to chapter 1054-B; or

(6) Public assistance for veterans under Title 37-B, section 505.
[2001, c. 439, Pt. UU, §1 (amd).]

B. [1995, c. 418, Pt. A, §2 (rp).]

[2001, c. 439, Pt. UU, §1 (amd).]

2. Agent Orange award; eligibility not affected. [1995, c. 418, Pt. A, §3 (rp).]

Section History:
PL 1989,
Ch. 566,
§ (NEW).
PL 1995,
Ch. 418,
§A2,3 (AMD).
PL 1997,
Ch. 530,
§A6 (AMD).
PL 2001,
Ch. 439,
§UU1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 22 - §9. Fees for service

Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HEADING: PL 2003, c. 689, Pt. B, @6 (rev))
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES

§9. Fees for service

1. Reasonable fees authorized. The Department of Health and Human Services may charge reasonable fees for any services provided under this Title whether directly or indirectly provided by the department. Any fees thus received shall constitute a permanent fund for use by the department as special revenue income and shall not become part of the General Fund. Fees so generated shall be utilized in accordance with federal regulations. [1983, c. 292 (rpr); 2003, c. 689, Pt. B, §6 (rev).]

2. Sliding fee scale. The department may establish a sliding fee scale for the provision of community-based purchased services administered by the Bureau of Child and Family Services.

A. The sliding fee scale shall be based on gross family income and family size. [1983, c. 292 (rpr).]

B. Any fees charged as a result of implementing this subsection shall be paid to the provider of the service and shall be used by the provider for additional services of the same or related type for which the fees were paid. [1983, c. 292 (rpr).]

[1989, c. 400, §§4, 14 (amd).]

Section History:
PL 1965,
Ch. 470,
§ (NEW).
PL 1977,
Ch. 574,
§ (RPR).
PL 1979,
Ch. 254,
§1-7 (AMD).
PL 1979,
Ch. 509,
§1 (AMD).
PL 1979,
Ch. 663,
§130,131 (AMD).
PL 1981,
Ch. 703,
§A5 (AMD).
PL 1983,
Ch. 292,
§ (RPR).
PL 1989,
Ch. 400,
§4,14 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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