Public Laws

124th Legislature

First Regular Session

Chapter 100

H.P. 311 - L.D. 423

An Act To Provide a Safe Sleeping Environment for Children with Disabilities To Enable Them To Remain in Their Homes

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 34-B MRSA 5605, sub-14-D is enacted to read:

14-D. Reimbursement provided. Notwithstanding any other provision of law, the department shall provide reimbursement within available resources for durable medical equipment that provides a safe sleeping environment for individuals under 16 years of age if:
A. The durable medical equipment is necessary to correct or ameliorate a behavioral health condition;
B. The durable medical equipment is the least restrictive alternative for the treatment of the behavioral health condition;
C. The durable medical equipment is approved on a case-by-case basis by a review team composed of the same representatives as the team conducting children's behavioral treatment reviews under subsection 13, paragraph B, subparagraph (3); and
D. The department determines that the durable medical equipment is cost-effective in comparison to the provision of other covered services or equipment that can sufficiently correct or ameliorate the behavioral health condition.

The department may adopt rules as necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Effective September 12, 2009

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333