2013 MAINE LEGISLATIVE WRAP-UP

AARP MAINE REPORT ON 2013 LEGISLATIVE ACTIVITIES

An Act to Fully Fund the Homemaker Services Program
Bill: LD 20 Sponsors: Craven, Campbell, Farnsworth, Gattine, Goode, Johnson, Lachowicz, Sanborn, Tuttle Status: Pending Governors approval Jan. 2014 Description: This amendment replaces the bill with a resolve and directs the Department of Health and Human Services to begin by December 1, 2013 reviewing and analyzing the need for services for instrumental activities of daily living among Maine's populations who are elderly or who have disabilities, the costs of providing services, the potential for savings and projections of need. This amendment directs the Department of Health and Human Services based on its review of costs and potential savings to submit by January 1, 2014 an inquiry to the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services regarding the feasibility of obtaining a Medicaid waiver or a state plan amendment to enable the State to provide coverage for instrumental activities of daily living under the MaineCare program. Our Position: Support discrimination on the basis of gender in the underwriting of long-term care insurance. The bill also requires the Department of Professional and Financial Regulation, Bureau of Insurance to evaluate the best methods to stabilize rates for long-term care insurance and to submit a report to the Joint Standing Committee on Insurance and Financial Services. Our Position: Support

An Act to Establish the Commission on Health Care Cost and Quality

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 Commission on Health Care Cost and Quality to monitor the accessibility, cost and quality of health care in the State. The bill also reestablishes the State Health Plan and requires the commission to develop the plan on a biennial basis. Our Position: Support

An Act to Prohibit Unfair Discrimination in Long-Term Care Insurance Bill: LD 146

Sponsors: Treat, Beck, Craven, Daughtry, Goode, Morrison, Nadeau, Rochelo, Rotundo, Welch Status: Vetoed by the Governor Description: This bill prohibits unfair

Supplemental Budget
Bill: LD 250 Sponsor: Governor Status: Became law without Governors signature Description: Proposed initiative to eliminate low cost drugs for the elderly program (DEL). AARP volunteers testified in opposition, letters to the editor supported our position and the legislature

rejected the elimination of this important program. Our Position: Oppose cuts to DEL

An Act to Protect Elders and Vulnerable Adults from Exploitation

Bill: LD 527 Sponsors: Dion, Cain, Chipman, Eves, Frey, Gideon, Herbig, Peoples, Rankin, Saucier Status: Became law without Governors signature Description: This bill provides that dementia and other cognitive impairments are included in the concept of being manifestly unable to make a reasonable judgment regarding conduct that constitutes a crime when considering consent as a defense. It further provides that consent cannot be induced by "undue influence," which is defined to mean misuse or manipulation of a trusting relationship of a dependent person who has significant limitations and who is 60 years of age or older, an incapacitated adult or a dependent adult. Finally, the bill increases the crime of the misuse of entrusted property to a felony when the victim is 60 years of age or older, incapacitated or dependent and the value of the property is greater than $1,000 to be consistent with the crime of theft. Our Position: Support

Resolve, To Establish a Task Force on the Establishment of So-called Complete Streets Design Guidelines
Bill: LD 403 Sponsors: Peoples, Beavers, Chapman, Gideon, Knight, Moonen, Rotundo, Russell, Sanborn, Valentino Status: Dead Description: This resolve directs the Commissioner of Transportation to establish a task force to develop so-called complete streets design guidelines to apply whenever state or federal funds are used to build or reconstruct a road or bridge and to develop a statewide policy designed to enable the delivery of cost-effective, sustainable and customer-focused transportation services that will meet the current and future needs of the State. Our Position: Support

An Act to Improve Access to Home-based and Community-based Care in the Maine Care Program
Bill: LD 488 Sponsors: Chenette, Cassidy, Hobbins, Lachowicz, Plante, Valentino Status: Carried Over to Second Session (2014) Description: This bill provides that Department of Health and Human Services coverage for services to a member who is served under one of the home-based and community-based care waiver programs in MaineCare must be at least 95% of what it would otherwise cost to provide

An Act to Ensure the Accountability of Taxpayer Funds and State Collaboration, Planning and Oversight in Implementation and Operation of a Health Insurance Exchange in Maine
Bill: LD 547 Sponsors: Treat, Woodbury, Beaudoin, Berry, Eves, Farnsworth, Graham, Morrison, Craven, Gratwick Status: Failed Description: This bill clarifies that the provisions relating to navigators apply only to any statebased health exchange that may be established in this State pursuant to the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010. It also clarifies that certain activities may be performed by a

such services to the member if the member were served in a nursing facility. Our Position: Support 2

navigator without a license as an insurance producer or being subject to regulation as an insurance business. Our Position: Support Whats Next: See LD 1094

Mazurek, McLean, Peoples, Theriault, Turner, Werts Status: Carried Over to Second Session (2014) Description: This bill proposes to improve the Circuit breaker Program by simplifying the determination of eligibility, transitioning the application period to the income tax filing period, permitting application to be made through the Department of Health and Human Services' integrated eligibility system and ensuring an adequate source of funding. Our Position: Support

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 allowable finance charges on consumer loans by companies subject to the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection.

An Act to Establish an Insurance Exchange

Bill: LD 1049 Sponsors: Campbell, Craven, Carey, Dorney, Mastraccio, Morrison, Hill, Saviello, Tuttle, Woodbury Status: Failed Description: This bill establishes the Maine Health Benefit Marketplace as the State's health benefit exchange as authorized by the federal Patient Protection and Affordable Care Act to facilitate the purchase of health care coverage by individuals and small businesses. The Maine Health Benefit Marketplace is established as an independent executive agency governed by the Board of Directors of the Maine Health Benefit Marketplace. Our Position: Support Whats Next: See LD 1094

An Act to Create an Open Enrollment Period Consistent with Federal Regulations for Health Insurance Exchanges
Bill: LD 812 Sponsors: Beck, Lachowicz, Fitzpatrick, McCabe, McLean, Whittemore Status: Became law without Governors signature Description: This bill establishes an open enrollment period for individual health insurance plans that is consistent with the open enrollment period established by federal regulations for health benefit exchanges, and provides for the same special enrollment periods as exist for coverage purchased through a health insurance exchange. Our Position: Support

Our Position: Oppose

An Act to Increase Access to Health Coverage and Qualify Maine for Federal Funding
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

An Act to Reduce the Property Tax Burden and Improve the Circuit Breaker Program
Bill: LD 816 Sponsors: Powers, Collins, Goode, Haskell,

under the MaineCare program to adults who qualify under federal law with incomes up to 133% of the nonfarm income official poverty line, with the 5% federal income adjustment for family size, and qualifies Maine to receive federal funding for 100% of the cost of coverage for members who enroll under the expansion. Adults who will be eligible are those 21 to 64 years of age beginning January 1, 2014 and adults 19 and 20 years of age beginning October 1, 2019.

Act. The advisory board is composed of 17 members, including 5 members who are Legislators. Part B of the bill suspends the authority of the Maine Guaranteed Access Reinsurance Association from January 1, 2014 until December 31, 2016 or until such time as the transitional reinsurance program administered by the federal Department of Health and Human Services pursuant to the federal Patient Protection and Affordable Care Act is no longer operational. This Part also directs the Board of Directors of the Maine Guaranteed Access Reinsurance Association to amend the association's plan of operation and submit an amendment to the plan of operation on or before October 1, 2013 to the Superintendent of Insurance for approval. The amended plan of operation must include, but is not limited to, an explanation of how operations will be suspended, the actions necessary to pay reinsurance on qualified claims attributable to the time period prior to January 1, 2014 and the actions necessary to suspend assessments. Our Position: Support

Our Position: Support **See Roll Call at the end of this report to know
how your legislator voted.**

An Act to Allow Certain Small Retail Businesses To Pass Credit and Debit Card Transaction Fees on to Consumers
Bill: LD 1067 Sponsors: Gifford, Johnson, Langley, Lockman, McDonald, Malaby, Newendyke, Thomas Status: Failed Description: This bill proposes to amend the Maine Consumer Credit Code - Truth in Lending laws to allow a small retail business to impose a surcharge on a purchase of a customer who elects to use a credit card or debit card that increases the regular price and that is not imposed on a purchase of a customer who pays by cash, check or similar means. Our Position: Oppose

An Act to Ensure the Rights of Patients

Bill: LD 1162 Sponsor: Jackson, Craven, Gratwick, Haskell, Theriault, Patrick, Treat, Tuttle Status: Failed Description: This bill is a concept draft pursuant to Joint Rule 208. This bill proposes to enact measures designed to ensure the rights of patients, which may include proposals to: 1. Protect a patient's rights in the health insurance market; 2. Enhance accountability for hospitals and health care providers to improve quality and efficiency of care; 3. Increase the transparency of charges and expenses of hospitals and health care providers;

An Act to Fully Implement Heath Insurance Exchanges and To Make Maine Law Consistent with Federal Law
Bill: LD 1094 Sponsor: Woodbury Status: Signed by Governor Description: Part A of the bill establishes the Maine Health Exchange Advisory Board to advise the Federal Government, Governor and Legislature on the implementation and operation of a health exchange in this State pursuant to the federal Patient Protection and Affordable Care

4. Facilitate the purchase of health care coverage by individuals and small businesses by establishing a state health insurance exchange pursuant to the federal Patient Protection and Affordable Care Act, Public Law 111-148. Our Position: Support

and describes how the department's plan for transit must be implemented. The bill eliminates the Interagency Transportation Coordinating Committee and replaces it with a larger, more comprehensive Maine Public Transit Advisory Council. The role of the council is to advise the Legislature and the department regarding strategic planning for public transportation services in the State. Our Position: Support

An Act to Create the Aging in Place 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 in Place Program in the Department of Economic and Community Development to assist low-income seniors with aging in place, including assisting low-income seniors to remain in their homes. It also establishes the Aging in Place Fund and appropriates money to the fund. The department is required to disburse money from the fund to a statewide network that provides weatherization and home repair services, including but not limited to repairs to meet federal Americans with Disabilities Act standards, to replace substandard fixtures and hardware and to reduce ongoing maintenance and heating costs, to low-income residents. Our Position: Support

An Act to Reduce Youth Smoking and Improve Public Health by Increasing Revenue from the Cigarette Tax to the Fund for a Healthy Maine and to Pay Debts Owed to Health Care Providers
Bill: LD 1406 Sponsor: Farnsworth + 15 Co-Sponsors Status: Failed Description: This bill increases the cigarette tax by $1.50 per package, from $2.00 to $3.50, to help deter the initial use of cigarettes by youth. It includes an appropriations and allocations section to fund certain programs through the Fund for a Healthy Maine and provides that any remaining funds must be used to retire debts owed to health care providers for services provided prior to December 1, 2012. Our Position: Support

An Act to Promote New Models of Mobility and Access to Transportation

Bill: LD 1365 Sponsor: Treat + 29 Co-Sponsors Status: Carried Over Second Session (2014) Description: This bill amends the Department of Transportation's biennial operations plan for transit process in order to promote and facilitate new models of mobility and service. The bill adds a declaration of policy to the public transportation administration law. The bill also provides components that must be included in the department's biennial operations plan for transit

An Act to Implement Managed Care in the MaineCare Program

Bill: LD 1487 Sponsor: Cain, Chase, Craven, Harvell, Hill, Katz, Keschl, Woodbury Status: Carried Over Second Session (2014) Description: This bill establishes managed care in the MaineCare program. The bill includes requirements for managed care plans and for contracting by the Department of Health and Human Services for managed care services. The bill specifies how MaineCare members enroll in managed care plans. The bill requires the

Department of Health and Human Services to apply for approval of a Medicaid state plan amendment to allow use of MaineCare funds to purchase available employer-sponsored health coverage and delays implementation of that provision until approval has been granted. Our Position: Opposed

Roll Call for Senate LD 1066 - An Act to Increase Access to Health Coverage and Qualify Maine for Federal Funding Tallies: Yeas (Y) 23 Nays (N) 12 Absent (X) 0 Excused (E) 0

Biennial Budget Bill: LD 1509 Sponsor: Governor

Status: Veto Overridden Description: Proposed included initiatives to eliminate low cost drug for the elderly (DEL) program and cut Medicare Savings Program (MSP). AARP volunteers testified in opposition o the cuts, letters to the editor supported our position and the legislative rejected cuts to the important programs. Our Position: Oppose Program Cuts

Member ALFOND BOYLE BURNS CAIN CLEAVELAND COLLINS CRAVEN CUSHING DUTREMBLE FLOOD GERZOFSKY GOODALL GRATWICK HAMPER HASKELL HILL JACKSON JOHNSON

Vote Y Y N Y Y N Y N Y Y Y Y Y N Y Y Y 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

Roll Call for House LD 1066 - An Act to Increase Access to Health Coverage and Qualify Maine for Federal Funding Tallies: Yeas (Y) 95 Nays (N) 52 Absent (X) Excused (E) 0
Member AYOTTE BEAUDOIN BEAULIEU BEAVERS BECK BENNETT BERRY BLACK BOLAND BOLDUC BRIGGS BROOKS CAMPBELL, J. CAMPBELL, R. CAREY CASAVANT CASSIDY CHAPMAN CHASE CHENETTE CHIPMAN CLARK COOPER COTTA CRAFTS CRAY CROCKETT DAUGHTRY DAVIS DeCHANT DEVIN DICKERSON DILL DION DOAK DORNEY DUNPHY DUPREY Vote N Y N Y Y N Y N Y Y Y Y Y N Y Y Y Y N Y Y N Y N N N N Y N Y Y Y Y Y X Y N 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 Member KUSIAK LAJOIE LIBBY, A. LIBBY, N. LOCKMAN LONG LONGSTAFF LUCHINI MACDONALD, S. MACDONALD, W. MAKER MALABY MAREAN MARKS MASON MASTRACCIO McCABE McCLELLAN McELWEE McGOWAN McLEAN
MONAGAHAN -DERRIG

Vote Y Y N Y N N Y Y N Y N N Y Y Y Y Y N Y Y Y Y Y Y Y N Y Y N Y N N N N Y X Y

MOONEN MORIARTY MORRISON NADEAU, A. NADEAU, C. NELSON NEWENDYKE NOON NUTTING PARRY PEASE
PEAVEY HASKELL

PEOPLES PETERSON PLANTE

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