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Resolve, Requiring the Department of Health and Human Services To Adopt an Alternative MaineCare Nonemergency Transportation System to the Current Risk-based Prepaid Ambulatory Health Plan
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  the current risk-based prepaid ambulatory health plan adopted by the Department of Health and Human Services in 2012 for MaineCare nonemergency transportation precludes some regional transportation agencies from bidding for contracts; and
Whereas,  it is unclear whether for-profit agencies can use volunteer drivers that have been used by regional transportation agencies for decades and whether volunteer drivers would want to continue to volunteer in a manner that contributes to a for-profit agency's profit; and
Whereas,  the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services presented different transportation models to the State and therefore the risk-based model is not the only model that may be adopted while remaining compliant with federal rules and regulations; and
Whereas,  it is vital that this ambiguity be clarified as soon as possible; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1 Department of Health and Human Services adoption of an alternative nonemergency transportation system to the current risk-based system. Resolved: That the Department of Health and Human Services shall adopt an alternative MaineCare nonemergency transportation system to the current risk-based prepaid ambulatory health plan. The department shall examine the transportation models presented by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services and adopt one of the models that is not a risk-based prepaid ambulatory health plan. The contracts for regional brokers for MaineCare nonemergency transport remain in place until the end of the contract term under the current risk-based system, but current options for renewal may not be exercised. Any new request for proposals and resulting contracts issued must comply with the alternative system adopted by the department.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This resolve requires the Department of Health and Human Services to adopt an alternative MaineCare nonemergency transportation system to the current risk-based prepaid ambulatory health plan. The department shall examine the transportation models presented by the federal Department of Health and Human Services, Centers for Medicare and Medicaid Services and adopt one of the models that is not a risk-based prepaid ambulatory health plan. The current contracts issued under the risk-based system remain in place, but at the end of the contract period new requests for proposals must comply with the newly adopted system.