2022 Public Laws & Resolutions

These laws go into effect Monday, August 8, 2022 (90 days after the legislature adjourned)
except for those deemed “emergency” which became effective upon signature by the Governor.

CLICK HERE to view/download PDF of summary.

Ch. 165 - L.D. 460
Resolve, Directing The Department Of Labor To Convene A Stakeholder Group To Examine Workforce Development Issues In The Hospitality And Food And Beverage Industries (HP 336)

This resolve requires the Department of Labor to convene stakeholder group to examine workforce development issues in the hospitality industry and the food and beverage industry. The stakeholder group must be composed of representatives from the food and beverage industry, the hospitality industry and the Maine Community College System and 2 or more employees actively employed in the hospitality industry and the food and beverage industry or former employees with significant experience in these industries.

Ch. 686 - L.D. 716

An Act To Enhance and Improve the Maine Developmental Services Oversight and Advisory Board

The law makes changes to the laws governing the Maine Developmental Services Oversight and Advisory Board, moving the budget of the board from DHHS to the Department of Administrative and Financial Services and requiring disclosure of final reports of investigations pursuant to the Adult Protective Services Act to the board. It also clarifies the appointment process for members of the board. (Note: The portion of the bill establishing the Aging and Disability Review Panel were removed and enacted in the biennial budget.)

Ch. 688 – L.D. 898
An Act To Create the Essential Support Workforce Advisory Committee

This law establishes the Essential Support Workforce Advisory Committee to advise the Legislature, the Governor and state agencies on issues involving the essential support workforce. The advisory committee consists of 14 members, appointed as follows:

One member of the Senate, appointed by the President of the Senate;
One member of the House of Representatives, appointed by the Speaker of the House;
The Commissioner of Health and Human Services or the commissioner's designee;
The Commissioner of Labor or the commissioner's designee;
One member representing an organization providing services to persons with intellectual disabilities and autism who is a member of a statewide association of providers of services to persons with intellectual disabilities and autism, appointed by the President of the Senate;
One member representing a facility-based long-term care provider who is a member of a statewide association of facility-based long-term care providers, appointed by the President of the Senate;
One member representing a service coordination agency for people receiving homebased and community-based long-term care, appointed by the President of the Senate;
One member representing an organization providing statewide homemaker services through a state-funded, independent, support service program, appointed by the President of the Senate;
One member representing an institution of higher education engaged in workforce development, appointed by the President of the Senate;
One member representing a career and technical education center or region, appointed by the Speaker of the House;
One member representing an organization promoting independent living for persons with disabilities, appointed by the Speaker of the House;
One member who is an essential support worker, appointed by the Speaker of the House;
One member representing a statewide advocacy association that broadly advocates for people who are entitled to receive essential support worker services, appointed by the Speaker of the House; and
One member representing an organization providing services to persons with behavioral health challenges who is a member of a statewide association of providers of services to persons with behavioral health challenges, appointed by the Speaker of the House.

Ch. 532 – L.D. 1761
An Act To Amend the Inspection Requirement for Facilities for Children and Adults with a National Accreditation

Current law provides that if a person, firm, corporation or association operating a residential care facility, assisted housing program, drug treatment center, children's home, child placing agency, child care facility or adult day care program has received and maintained accreditation from a national accreditation body approved by the department, the entity must be deemed in compliance with state licensing rules. This bill provides instead that the entity may be determined by the department to be in compliance with state licensing rules.

Ch. 566 – L.D. 1776
An Act To Allow Pharmacists To Dispense an Emergency Supply of Chronic Maintenance Drugs

The law allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a prescription if the pharmacist is unable to obtain authorization to refill the prescription from a health care provider and the pharmacist has a record of the prescription in the name of the patient, including the amount of the drug dispensed in the most recent prescription or the standard unit of dispensing the drug, and that record does not indicate that no emergency supply is permitted. The law prohibits the dispensing of controlled substances included in Schedules I and II under the federal Controlled Substances Act.

The law limits the amount dispensed to up to a 30-day supply or, if the standard unit of dispensing exceeds a 30-day supply, to the smallest standard unit of dispensing and further prohibits a pharmacist from dispensing the chronic maintenance drug in an emergency supply to the same patient more than twice in a 12-month period except that, if the drug is included on Schedule III or IV of the federal Controlled Substances Act, the amount dispensed may not exceed a 7-day supply.

Ch. 587 – L.D. 1858 **EMERGENCY – effective 4/12/22**
An Act Regarding Delegating Authority for Services Performed by Emergency Medical Services Personnel in Health Care Facilities

This law clarifies the criteria for which licensed emergency medical services persons may provide medical services in health care facility setting in addition to hospital settings, as provided in current law, under delegated authority. It authorizes emergency medical services persons to provide services described in a pilot project approved by the Emergency Medical Services' Board on 31 October 6, 2021, which services are within the lawful scope of practice for emergency medical services persons pursuant to statute, as long as the pilot project remains approved. It also directs the Board of Licensure in Medicine and the Board of Osteopathic Licensure, in consultation with the Emergency Medical Services Board and interested stakeholders, to develop guidance under which physicians and physician assistants may delegate activities to an individual acting contemporaneously pursuant to a contractual arrangement as a medical assistant under delegated authority and as a licensed emergency medical services person. The boards are required to submit a report including the guidance and any recommendations for statutory changes to the Legislature no later than January 31, 2023.

Ch.575 - L.D. 1861
An Act To Establish the Safe Homes Program

This law establishes the Safe Homes Program Fund to provide grants for purchasing safety devices for the safe storage of prescription drugs, firearms and dangerous weapons in homes or public spaces.

Ch. 639 – L.D. 1867
An Act To Codify MaineCare Rate System Reform

This law formalizes the Department of Health and Human Services’ MaineCare provider reimbursement rate system reform effort by establishing rate development principles and processes, specifying rule-making requirements for rate adjustments, ensuring access to a funding source, as needed, for associated rate adjustments and establishing an expert technical advisory panel to assist the DHHS on MaineCare rates and payment models.

Ch. 635 – L.D. 1995 (SUPPLEMENTAL BUDGET)
An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2022 and June 30, 2023

This is the SFY 2022-2023 supplemental budget. Total spending was $1.2 billion, with most being returned to Mainers as $850 checks. The supplemental budget includes:

COLA for various sections of MaineCare (including Sec. 12, 18, 19, 20, 21, 29, 40 and 96 Services);
Increasing Cub Care Funding/Enrollment (expanding age eligibility and property level eligibility);
$25 million one-time payment to hospitals;
$25 million one-time payment to nursing homes/residential care;
$12 million for expansion of CHIP
$6 million for inpatient psychiatric rates at community hospitals;
$2.5 million for expansion of community college nursing education program.
Reduces the commitment to work as full-time faculty in Maine from 5 to 3 years under the nurse educator loan program;
$20 million increases to behavioral health providers; and
$8.5 million more for a COVID response reserve fund.