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130th MAINE LEGISLATURE |
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LD 461 |
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LR 1220(02) |
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An Act To Allow
the Reduction of a MaineCare Lien |
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Fiscal Note for
Bill as Amended by Committee Amendment " " |
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Committee: Judiciary |
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Fiscal Note Required: Yes |
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| Fiscal Note |
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FY 2021-22 |
FY 2022-23 |
Projections FY 2023-24 |
Projections FY 2024-25 |
| Net Cost
(Savings) |
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General Fund |
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$324,720 |
$324,000 |
$324,000 |
$324,000 |
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| Appropriations/Allocations |
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General Fund |
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$324,720 |
$324,000 |
$324,000 |
$324,000 |
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Federal Expenditures Fund |
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$575,280 |
$576,000 |
$576,000 |
$576,000 |
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| Revenue |
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Federal Expenditures Fund |
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$575,280 |
$576,000 |
$576,000 |
$576,000 |
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Other Special Revenue Funds |
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$324,720 |
$324,000 |
$324,000 |
$324,000 |
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| Fiscal Detail
and Notes |
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The bill includes
General Fund appropriations to the Department of Health and Human Services of
$324,720 in fiscal year 2021-22 and $324,000 in fiscal year 2022-23 due to
the elimination of the prohibition on reducing the statutory lien to reflect
an assessment of the recipient's attorney's fees or litigation costs. Federal
Expenditures Fund allocations are also included for the FMAP match.
The bill also changes statute to state that the MaineCare lien can only
apply to the portion of the award or
settlement that is attributable to medical expenses paid by MaineCare. This
limitation is already the law based on two
Supreme Court decisions, Arkansas v. Ahlborn, 547 U.S. 268 (2006) and Wos
v. E.M.A, 568 U.S. 627 (2013), so
there is no fiscal impact associated with this change. |
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