2013 legislative wrap-up.pdf

7/27/2019 2013 Legislative Wrap-Up.pdf

1/71

AARP MAINE REPORT ON 2013LEGISLATIVE ACTIVITIES

An Act to Fully Fund the Homemaker Services Program

An Act to Prohibit Unfair Discrimination inLong-Term Care Insurance

An Act to Establish the Commission onHealth Care Cost and Quality

2013 MAINELEGISLATIVE WRAP-UP

Supplemental Budget

Bill: LD 146

Sponsors: Treat, Beck, Craven, Daughtry,Goode, Morrison, Nadeau, Rochelo, Rotundo,Welch

Status: Vetoed by the Governor

Description: This bill prohibits unfair

Bill: LD 20

Sponsors: Craven, Campbell, Farnsworth,Gattine, Goode, Johnson, Lachowicz, Sanborn,Tuttle

Status: Pending Governors approval Jan. 2014

Description: This amendment replaces the billwith a resolve and directs the Department ofHealth and Human Services to begin by December1, 2013 reviewing and analyzing the need forservices for instrumental activities of daily livingamong Maine's populations who are elderly or whohave disabilities, the costs of providing services,the potential for savings and projections of need.This amendment directs the Department ofHealth and Human Services based on its review ofcosts and potential savings to submit by January

1, 2014 an inquiry to the United StatesDepartment of Health and Human Services,Centers for Medicare and Medicaid Servicesregarding the feasibility of obtaining a Medicaidwaiver or a state plan amendment to enable theState to provide coverage for instrumentalactivities of daily living under the MaineCareprogram.

Our Position: Support

Bill: LD 230

Sponsors: Graham, Gattine, Hickman,Lachowicz, Monaghan-Derrig, Peoples, Pringle,Sanborn

Status: Carried Over to Second Session (2014)

Description: This bill establishes the Commissionon Health Care Cost and Quality to monitor theaccessibility, cost and quality of health care inthe State. The bill also reestablishes the StateHealth Plan and requires the commission todevelop the plan on a biennial basis.


discrimination on the basis of gender in theunderwriting of long-term care insurance. The billalso requires the Department of Professional andFinancial Regulation, Bureau of Insurance toevaluate the best methods to stabilize rates forlong-term care insurance and to submit a reportto the Joint Standing Committee on Insurance andFinancial Services.


Bill: LD 250

Sponsor: Governor

Status: Became law without Governorssignature

Description: Proposed initiative to eliminate lowcost drugs for the elderly program (DEL). AARPvolunteers testified in opposition, letters to theeditor supported our position and the legislature


2/72

Resolve, To Establish a Task Force on theEstablishment of So-called CompleteStreets Design Guidelines

Bill: LD 403

Sponsors: Peoples, Beavers, Chapman, Gideon,Knight, Moonen, Rotundo, Russell, Sanborn,Valentino

Status: Dead

Description: This resolve directs theCommissioner of Transportation to establish atask force to develop so-called complete streetsdesign guidelines to apply whenever state orfederal funds are used to build or reconstruct aroad or bridge and to develop a statewide policydesigned to enable the delivery of cost-effective,sustainable and customer-focused transportationservices that will meet the current and futureneeds of the State.


An Act to Improve Access to Home-basedand Community-based Care in the Maine

Care Program

Bill: LD 488

Sponsors: Chenette, Cassidy, Hobbins,Lachowicz, Plante, Valentino


Description: This bill provides that Departmentof Health and Human Services coverage forservices to a member who is served under one ofthe home-based and community-based carewaiver programs in MaineCare must be at least95% of what it would otherwise cost to providesuch services to the member if the memberwere served in a nursing facility.


An Act to Protect Elders and VulnerableAdults from Ex loitation

Bill: LD 527

Sponsors: Dion, Cain, Chipman, Eves, Frey,

Gideon, Herbig, Peoples, Rankin, SaucierStatus: Became law without Governorssignature

Description: This bill provides that dementia andother cognitive impairments are included in theconcept of being manifestly unable to make areasonable judgment regarding conduct thatconstitutes a crime when considering consent as adefense. It further provides that consent cannotbe induced by "undue influence," which is defined

to mean misuse or manipulation of a trustingrelationship of a dependent person who hassignificant limitations and who is 60 years of ageor older, an incapacitated adult or a dependentadult. Finally, the bill increases the crime of themisuse of entrusted property to a felony whenthe victim is 60 years of age or older,incapacitated or dependent and the value of theproperty is greater than $1,000 to be consistentwith the crime of theft.


An Act to Ensure the Accountability of Taxpayer Funds and State Collaboration,

Planning and Oversight in Implementationand Operation of a Health Insurance

Exchange in Maine

rejected the elimination of this importantprogram.

Our Position: Oppose cuts to DEL

Bill: LD 547

Sponsors: Treat, Woodbury, Beaudoin, Berry,Eves, Farnsworth, Graham, Morrison, Craven,Gratwick

Status: Failed

Description: This bill clarifies that the provisionsrelating to navigators apply only to any state-based health exchange that may be established inthis State pursuant to the federal PatientProtection and Affordable Care Act, as amendedby the federal Health Care and EducationReconciliation Act of 2010. It also clarifies thatcertain activities may be performed by a


3/73

navigator without a license as an insuranceproducer or being subject to regulation as aninsurance business.


Whats Next: See LD 1094

An Act Regarding the Regulation of Consumer Finance Companies

Bill: LD 602

Sponsors: Alfond, Beck, Cain, Casavant, Goode,Hayes, Hobbins, Katz, Thibodeau, Whittemore

Status: Failed

Description: This bill updates the allowablefinance charges on consumer loans by companiessubject to the Department of Professional andFinancial Regulation, Bureau of Consumer CreditProtection.

An Act to Create an Open EnrollmentPeriod Consistent with Federal Regulations

for Health Insurance Exchanges

Bill: LD 812

Sponsors: Beck, Lachowicz, Fitzpatrick, McCabe,McLean, Whittemore

Status: Became law without Governorssignature

Description: This bill establishes an openenrollment period for individual health insuranceplans that is consistent with the open enrollmentperiod established by federal regulations forhealth benefit exchanges, and provides for the

same special enrollment periods as exist forcoverage purchased through a health insuranceexchange.


An Act to Reduce the Property Tax Burdenand Improve the Circuit Breaker Program

Mazurek, McLean, Peoples, Theriault, Turner,Werts


Description: This bill proposes to improve theCircuit breaker Program by simplifying thedetermination of eligibility, transitioning theapplication period to the income tax filingperiod, permitting application to be madethrough the Department of Health and HumanServices' integrated eligibility system andensuring an adequate source of funding.


An Act to Establish an Insurance Exchange

An Act to Increase Access to HealthCoverage and Qualify Maine for Federal

Funding

Bill: LD 1049

Sponsors: Campbell, Craven, Carey, Dorney,Mastraccio, Morrison, Hill, Saviello, Tuttle,Woodbury

Status: Failed

Description: This bill establishes the MaineHealth Benefit Marketplace as the State's healthbenefit exchange as authorized by the federalPatient Protection and Affordable Care Act to

facilitate the purchase of health care coverage byindividuals and small businesses. The MaineHealth Benefit Marketplace is established as anindependent executive agency governed by theBoard of Directors of the Maine Health BenefitMarketplace.


Whats Next: See LD 1094

Bill: LD 1066

Sponsors: Sanborn, Alfond, Berry, Dorney, Eves,Gattine, Gratwick, Langley, McElwee, Pringle,Saviello, Whittemore, Winchenbach, Woodbury

Status: Vetoed by Governor

Description: This bill expands medical coverage

Bill: LD 816

Sponsors: Powers, Collins, Goode, Haskell,


4/74

An Act to Fully Implement Heath InsuranceExchanges and To Make Maine Law

Consistent with Federal Law

under the MaineCare program to adults whoqualify under federal law with incomes up to133% of the nonfarm income official poverty line,with the 5% federal income adjustment for familysize, and qualifies Maine to receive federal

funding for 100% of the cost of coverage formembers who enroll under the expansion. Adultswho will be eligible are those 21 to 64 years ofage beginning January 1, 2014 and adults 19 and20 years of age beginning October 1, 2019.

Our Position: Support**See Roll Call at the end of this report to know

how your legislator voted.**

An Act to Allow Certain Small RetailBusinesses To Pass Credit and Debit Card

Transaction Fees on to ConsumersBill: LD 1067

Sponsors: Gifford, Johnson, Langley, Lockman,McDonald, Malaby, Newendyke, Thomas

Status: Failed

Description: This bill proposes to amend theMaine Consumer Credit Code - Truth in Lendinglaws to allow a small retail business to impose a

surcharge on a purchase of a customer who electsto use a credit card or debit card that increasesthe regular price and that is not imposed on apurchase of a customer who pays by cash, checkor similar means.

Our Position: O ose

An Act to Ensure the Rights of Patients

Act. The advisory board is composed of 17members, including 5 members who areLegislators.

Part B of the bill suspends the authority of the

Maine Guaranteed Access Reinsurance Associationfrom January 1, 2014 until December 31, 2016 oruntil such time as the transitional reinsuranceprogram administered by the federal Departmentof Health and Human Services pursuant to thefederal Patient Protection and Affordable CareAct is no longer operational. This Part also directsthe Board of Directors of the Maine GuaranteedAccess Reinsurance Association to amend theassociation's plan of operation and submit anamendment to the plan of operation on or beforeOctober 1, 2013 to the Superintendent of

Insurance for approval. The amended plan ofoperation must include, but is not limited to, anexplanation of how operations will be suspended,the actions necessary to pay reinsurance onqualified claims attributable to the time periodprior to January 1, 2014 and the actionsnecessary to suspend assessments.


Bill: LD 1162

Sponsor: Jackson, Craven, Gratwick, Haskell,Theriault, Patrick, Treat, Tuttle

Status: Failed

Description: This bill is a concept draft pursuantto Joint Rule 208.

This bill proposes to enact measures designed toensure the rights of patients, which may includeproposals to:

1. Protect a patient's rights in the healthinsurance market;

2. Enhance accountability for hospitals and healthcare providers to improve quality and efficiencyof care;

3. Increase the transparency of charges andexpenses of hospitals and health care providers;

Bill: LD 1094

Sponsor: Woodbury

Status: Signed by Governor

Description: Part A of the bill establishes theMaine Health Exchange Advisory Board to advisethe Federal Government, Governor andLegislature on the implementation and operationof a health exchange in this State pursuant to thefederal Patient Protection and Affordable Care


5/75

4. Facilitate the purchase of health care coverageby individuals and small businesses by establishinga state health insurance exchange pursuant to thefederal Patient Protection and Affordable CareAct, Public Law 111-148.


An Act to Create the Aging in PlaceProgram

An Act to Promote New Models of Mobilityand Access to Transportation

and describes how the department's plan fortransit must be implemented.

The bill eliminates the Interagency TransportationCoordinating Committee and replaces it with a

larger, more comprehensive Maine Public TransitAdvisory Council. The role of the council is toadvise the Legislature and the departmentregarding strategic planning for publictransportation services in the State.


An Act to Reduce Youth Smoking andImprove Public Health by Increasing

Revenue from the Cigarette Tax to the Fund

for a Healthy Maine and to Pay Debts Owedto Health Care Providers

Bill: LD 1406

Sponsor: Farnsworth + 15 Co-Sponsors

Status: Failed

Description: This bill increases the cigarette taxby $1.50 per package, from $2.00 to $3.50, tohelp deter the initial use of cigarettes by youth.It includes an appropriations and allocationssection to fund certain programs through theFund for a Healthy Maine and provides that anyremaining funds must be used to retire debtsowed to health care providers for servicesprovided prior to December 1, 2012.


An Act to Implement Managed Care in theMaineCare Program

Bill: LD 1354

Sponsor: Black, Campbell, Carey, Craven,Gilbert, Goodall, Harvell, Patrick, Saviello,Stuckey

Status: Carried Over Second Session (2014)

Description: This bill establishes the Aging inPlace Program in the Department of Economicand Community Development to assist low-incomeseniors with aging in place, including assistinglow-income seniors to remain in their homes. Italso establishes the Aging in Place Fund andappropriates money to the fund. The departmentis required to disburse money from the fund to astatewide network that provides weatherizationand home repair services, including but notlimited to repairs to meet federal Americans withDisabilities Act standards, to replace substandardfixtures and hardware and to reduce ongoingmaintenance and heating costs, to low-incomeresidents.

Bill: LD 1365

Sponsor: Treat + 29 Co-Sponsors


Description: This bill amends the Department ofTransportation's biennial operations plan fortransit process in order to promote and facilitatenew models of mobility and service. The bill addsa declaration of policy to the publictransportation administration law. The bill alsoprovides components that must be included in thedepartment's biennial operations plan for transit

Bill: LD 1487

Sponsor: Cain, Chase, Craven, Harvell, Hill,Katz, Keschl, Woodbury


Description: This bill establishes managed carein the MaineCare program. The bill includesrequirements for managed care plans and forcontracting by the Department of Health andHuman Services for managed care services. Thebill specifies how MaineCare members enroll in


6/76

Department of Health and Human Services toapply for approval of a Medicaid state planamendment to allow use of MaineCare funds topurchase available employer-sponsored healthcoverage and delays implementation of that

provision until approval has been granted.Our Position: Opposed

Biennial Budget

Bill: LD 1509

Sponsor: Governor

Status: Veto Overridden

Description: Proposed included initiatives toeliminate low cost drug for the elderly (DEL)program and cut Medicare Savings Program (MSP).AARP volunteers testified in opposition o thecuts, letters to the editor supported our positionand the legislative rejected cuts to the importantprograms.

Our Position: Oppose Program Cuts

Roll Call for Senate LD 1066 - An Act toIncrease Access to Health Coverage and

Qualify Maine for Federal Funding

Tallies: Yeas (Y) 23 Nays (N) 12Absent (X) 0 Excused (E) 0

Member Vote

ALFOND Y

BOYLE Y

BURNS N

CAIN Y

CLEAVELAND Y

COLLINS N

CRAVEN Y

CUSHING N

DUTREMBLE Y

FLOOD Y

GERZOFSKY Y

GOODALL Y

GRATWICK Y

HAMPER N

HASKELL Y

HILL Y

JACKSON Y

JOHNSON Y

Member Vote

KATZ Y

LACHOWICZ Y

LANGLEY N

MASON N

MAZUREK Y

MILLETT Y

PATRICK Y

PLUMMER N

SAVIELLO Y

SHERMAN N

THIBODEAU N

THOMAS N

TUTTLE Y

VALENTINO Y

WHITTEMORE N

WOODBURY Y

YOUNGBLOOD N


7/77

Roll Call for House LD 1066 - An Act to Increase Access to Health Coverage and QualifyMaine for Federal Funding

Tallies: Yeas (Y) 95 Nays (N) 52 Absent (X) Excused (E) 0

Member Vote

AYOTTE N

BEAUDOIN Y

BEAULIEU N

BEAVERS Y

BECK Y

BENNETT N

BERRY Y

BLACK N

BOLAND Y

BOLDUC Y

BRIGGS Y

BROOKS Y

CAMPBELL, J. Y

CAMPBELL, R. N

CAREY Y

CASAVANT Y

CASSIDY Y

CHAPMAN Y

CHASE N

CHENETTE Y

CHIPMAN Y

CLARK N

COOPER Y

COTTA N

CRAFTS N

CRAY N

CROCKETT N

DAUGHTRY Y

DAVIS N

DeCHANT Y

DEVIN Y

DICKERSON Y

DILL Y

DION Y

DOAK X

DORNEY Y

DUNPHY N

DUPREY N

Member Vote

KUSIAK Y

LAJOIE Y

LIBBY, A. N

LIBBY, N. Y

LOCKMAN N

LONG N

LONGSTAFF Y

LUCHINI Y

MACDONALD, S. N

MACDONALD, W. Y

MAKER N

MALABY N

MAREAN Y

MARKS Y

MASON Y

MASTRACCIO Y

McCABE Y

McCLELLAN N

McELWEE Y

McGOWAN Y

McLEAN YMONAGAHAN-DERRIG Y

MOONEN Y

MORIARTY Y

MORRISON Y

NADEAU, A. N

NADEAU, C. Y

NELSON Y

NEWENDYKE NNOON Y

NUTTING N

PARRY N

PEASE N

PEAVEY HASKELL N

PEOPLES Y

PETERSON X

PLANTE Y

Member Vote

POULIOT N

POWERS Y

PRIEST Y

PRINGLE Y

RANKIN Y

REED N

ROCHELO Y

ROUTUNDO Y

RUSSELL Y

RYKERSON Y

SANBORN Y

SANDERSON N

SAUCIER Y

SAXTON Y

SCHNECK Y

SHAW Y

SHORT Y

SIROCKI N

STANLEY Y

STUCKEY Y

THERIAULT Y

TIMBERLAKE N

TIPPING-SPITZ Y

TREAT Y

TURNER N

TYLER Y

VEROW Y

VILLA Y

VOLK N

WALLACE N

WEAVER N

WELSH Y

WERTS X

WILLETTE N

WILSON Y

WINCHENBACH X

WINSOR N

WOOD N

Member Vote

ESPLING N

EVANGELOS Y

EVES Y

FARNSWORTH Y

FILBERT Y

FITZPATRICK N

FOWLE Y

FREDETTE N

FREY Y

GATTINE Y

GIDEON Y

GIFFORD N

GILLWAY N

GOODE Y

GRAHAM Y

GRANT Y

GUERIN N

HAMANN Y

HARLOW Y

HARVELL N

HAYES Y

HERBIG Y

HICKMAN Y

HOBBINS Y

HUBBELL Y

JACKSON N

JOHNSON, D. N

JOHNSON, P. N

JONES Y

JORGENSEN Y

KAENRATH Y

KENT Y

KESCHEL N

KINNEY N

KNIGHT N

KORNFIELD Y

KRUGER Y

KUMIEGA Y

2013 legislative wrap-up.pdf

Documents