MaineHealth Word from Government Affairs - Tuesday, March 29, 2022

 

TUESDAY, MARCH 29, 2022

Katie Fullam Harris, Chief Government Affairs Officer

Sarah Calder, Director of Government Affairs

Emily Kovalesky, Policy Associate

 

This is a regular update on relevant state and federal legislative and regulatory issues. We encourage you to disseminate these updates to your care teams. This is an overview of issues, so do not hesitate to contact one of us directly if there is something missing or with any questions, comments, or concerns. Thank you for your time, interest, and input.

 

All of the bills the Government Affairs team is following in Augusta and all of MaineHealth testimony MaineHealth can be found on our Government Affairs website.

State Legislative Update, March 29, 2022

 

One Step Closer

The Appropriations Committee began meeting last week to consider the Governor’s change package and Supplemental Budget proposal.

 

Importantly, the Committee unanimously supported:

 

  • The unprecedented $19.7 million in state funds included in the Governor’s change package to stabilize Maine’s behavioral health system. This will be matched by an additional $17.1 million in Federal funds.
  • A $6 million placeholder for anticipated increased reimbursement rates as a result of a pending rate study for psychiatric inpatient beds.
  • Nearly $1 million for Psychiatric Residential Treatment Facilities (PRTF), which are highly structured residential treatment facilities that provide intensive inpatient services in a secure setting.
  • $2.5 million in ongoing funding for the Maine Community Colleges to expand their Nursing Programs.
  • Over $800,000 per year to increase the reimbursement rate for medication management for grant-funded services.

 

It’s important to note that these votes are considered “straw votes” and may be reconsidered and re-voted for any reason. The Committee vote is only official when the entire bill is voted on and reported out.

 

The Committee has not yet voted on the $25 million to hospitals or the $25 million to nursing homes in one-time COVID relief payments. The Committee is scheduled to meet again this week and we will continue to provide updates as they become available.

LD 1080, “Resolve, Directing the Department of Health and Human Services to Update the Rights of Recipients of Mental Health Services”

MaineHealth-sponsored legislation directing the Department of Health and Human Services (DHHS) to update the Right of Recipients rule became law last week without the Governor’s signature.

The Resolve directs DHHS to update the rule with provider and consumer engagement by July 1, 2025. By September 1, 2022, DHHS must provide to the Health and Human Services Committee a work plan for updating the rule, and beginning January 1, 2023, DHHS must provide updates to the Committee every 6 months.

The Rights of Recipients rule governs certain aspects of treatment including the rights of individuals with mental health diagnoses provided by all agencies licensed by DHHS and all public and private inpatient psychiatric institutes and units; it was last updated in 1995.

LD 1855, “An Act Regarding Point-of-dispensing Sites for Immunizations against COVID-19” 

 

The Governor recently signed into law legislation that allows for the continued limitation of the broad delegation of authority to vaccination sites that have a written memorandum of understanding with the Maine CDC to administer COVID-19 vaccines.

 

Sarah Calder testified in support of this legislation when it was before the Health Coverage, Insurance and Financial Services Committee.

Joint Standing Committee on Judiciary  

 

LD 2008, “An Act to Establish a Court Process for Involuntary Substance Use Disorder Treatment”

 

The majority of the Judiciary Committee voted in favor of amending LD 2008 to form a study group to consider court-ordered treatment for substance use disorder. Should the full Legislature support the amended legislation, it will be placed on the Study Table where it will be considered for funding with other legislative studies.

 

As previously reported, Dr. Nick Piotrowski, Medical Director of Addiction Psychiatry at Maine Behavioral Healthcare, testified neither for nor against the original legislation when it was before the Committee. He recommended that the topic be studied by key stakeholders, and that, importantly, the availability of appropriate levels of treatment and care be considered before mandating treatment as well.

 

Joint Standing Committee on Labor and Housing 


LD 965, “An Act Concerning Nondisclosure Agreements in Employment”

 

The Labor Committee reconsidered its vote on legislation that places limitations on employers’ use of nondisclosure agreements, with the majority (Democrats) supporting the initiative. LD 965 would prohibit an employer from requiring an employee or applicant, as a condition of employment, to enter into an agreement waiving the employee’s right to report or discuss discrimination, retaliation or harassment occurring in the workplace. It would also restrict an employer and employee from entering into a settlement agreement containing nondisclosure provisions.

Should the full Legislature support the bill, it will be placed on the Appropriations Table where it will be considered for funding with hundreds of other bills that total over $1 billion in General Fund dollars

The Department of Labor testified against the nondisclosure and enforcement provisions of the bill when it was before the Committee, but the Governor’s position on the bill remains unclear. 

LD 225, “An Act Regarding the Treatment of Vacation Time upon the Cessation of Employment”

 

The Labor Committee voted unanimously in favor of legislation that would require employers who provide vacation time to pay out all unused, accrued vacation time to an employee upon separation from the employer. The amended legislation was supported by the sponsor, the Maine Chamber of Commerce, and the Governor’s Office. This legislation is expected to have minimal impact on the MaineHealth system.

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