Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1345S.P. 561 In Senate, April 1, 2025
Resolve, Directing the Department of Health and Human Services to
Timely Provide Interim Settlement Payments to Long-term Care
Facilities
Received by the Secretary of the Senate on March 28, 2025. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Cosponsored by Senators: GROHOSKI of Hancock, MOORE of Washington, Representative:
JAVNER of Chester. Page 1 - 132LR2063(01)1
2 That, no later
3 than October 31, 2025, the Department of Health and Human Services shall pay to each
4 nursing facility an interim cost settlement amount equal to 75% of the sum of all settlement
5 amounts due to the nursing facility as shown in as-filed cost reports submitted to the
6 department by that nursing facility but not yet audited as of the date of submission, except
7 for any amounts already paid based on as-filed cost reports pursuant to Resolve 2023,
8 chapter 121, section 1 and any rules adopted by the department in accordance with that
9 resolve.
10
11
12 Department of Health and Human Services has not yet amended department rules in
13 compliance with Resolve 2023, chapter 121, section 1, the department shall adopt the
14 required amendment to the department rules no later than December 1, 2025.
15
16 That,
17 no later than October 1, 2025, the Department of Health and Human Services shall pay to
18 each private nonmedical institution reimbursed as a residential care facility an interim cost
19 settlement amount equal to 75% of the sum of all settlement amounts due to the private
20 nonmedical institution as shown on all as-filed cost reports submitted to the department by
21 that private nonmedical institution but not yet audited as of the date of submission.
22
23
24 than December 1, 2025, the Department of Health and Human Services shall amend its
25 rules in Chapter 115: Principals of Reimbursement for Residential Care Facilities – Room
26 and Board Costs to require the department to reimburse at least 75% of the settlement due
27 to each private nonmedical institution as shown on its as-filed cost reports within 90 days
28 of receipt of each cost report. To the extent determined necessary by the department to
29 implement this section, the department shall adopt conforming amendments to its rules in
30 Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Private Non-Medical
31 Institution Services and Appendix C, Medical and Remedial Facilities.
32 That the Department of Health and Human
33 Services shall implement the requirements of this resolve within existing resources.
34 That the Department of Health and
35 Human Services shall adopt emergency rules under the Maine Revised Statutes, Title 5,
36 section 8054 to the extent necessary to implement the requirements of this resolve.
37 Notwithstanding Title 5, section 8054, subsection 2, the department may adopt emergency
38 rules under this section without making factual findings as to the existence of an
39 emergency.
40
41 This resolve:
41 Page 2 - 132LR2063(01)
1 1. Reinforces, by providing specific deadlines, requirements of the Department of
2 Health and Human Services pursuant to Resolve 2023, chapter 121, subsection 1 to
3 reimburse nursing facility interim settlement amounts;
4 2. Clarifies that the 75% reimbursement of as-filed settlements to nursing facilities
5 within 90 days of the receipt of facility cost reports also applies to private nonmedical
6 institutions, including previously filed cost reports awaiting payment; and
7 3. Requires the department to amend its rules to conform to this resolve.