{"id":11344,"date":"2020-12-24T11:05:57","date_gmt":"2020-12-24T16:05:57","guid":{"rendered":"https:\/\/www.suitupmaine.org\/?p=11344"},"modified":"2020-12-24T11:40:04","modified_gmt":"2020-12-24T16:40:04","slug":"2020-legislature-recap","status":"publish","type":"post","link":"https:\/\/www.suitupmaine.org\/2020-legislature-recap\/","title":{"rendered":"2020 Maine Legislature Roundup Recap"},"content":{"rendered":"
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Suit Up Maine and Capital Are Indivisible collaborated with other grassroots groups, legislators, and statewide advocacy organizations to identify and track bills on a range of progressive issues during the second session of the 129th Legislature, which was to continue through April. However, due to the COVID-19 pandemic, the legislature temporarily adjourned <\/a><\/em>sin die<\/a> March 18<\/a>. Legislators’ last actions were to pass legislation related to the state’s pandemic response, approve some bills already in the pipeline, and vote to carry over incomplete legislation for a special session. <\/em>Efforts in the summer to reconvene a special session to finish the 129th Legislature were unsuccessful<\/a>. All carried-over legislation died, although many of the bills will be re-introduced during the 130th legislative session, which began in early December. See below for the final wrap on the dozens of bills we tracked and follow the Legislature Roundup<\/a> for updates on what we’ll track this session.\u00a0<\/em><\/span><\/p>\n <\/p>\n <\/p>\n PASSED:<\/b><\/span>\u00a0<\/strong><\/span>This bill is now law<\/a>!<\/span><\/span>\u00a0It passed by voice vote in both chambers, meaning there is no roll call.\u00a0<\/span><\/span><\/p>\n <\/p>\n <\/p>\n Patient-focused health care reform.<\/b><\/span> Mainers spend an average of <\/span>$7,935 per capita<\/span><\/a> on health care costs, higher than the national average. A patient-focused package of health care reform bills seek to address this issue by limiting the cost of health care increases, addressing abusive billing practices, capping the price of insulin, increasing billing transparency, and other reforms. While three of these bills are still in committee, one will soon go to the Senate for a vote:\u00a0<\/span><\/span><\/p>\n \u00bb <\/span><\/b>Promoting billing transparency.<\/b><\/span> LD 2111, An Act To Establish Patient Protections in Billing for Health Care<\/span><\/a>. Sponsor: <\/span>Sen. Ned Claxton (D-Androscoggin)<\/span><\/a>.<\/span> \u00bb <\/span>An end to surprise ER medical bills.<\/b><\/span> LD 2105,\u00a0 An Act To Protect Consumers from Surprise Emergency Medical Bills.<\/span><\/a> Sponsor: <\/span>Speaker Sara Gideon (D-Freeport)<\/span><\/a>. \u00bb <\/span><\/b>Capping the cost of insulin.<\/b><\/span> LD 2096, An Act To Save Lives by Capping the Out-of-pocket Cost of Certain Medications<\/span><\/a>. Sponsor: <\/span>Speaker Sara Gideon (D-Freeport)<\/span><\/a>.<\/span> PASSED:<\/b><\/span> All of these bills are now law!<\/span><\/span> They passed by voice vote in both chambers, meaning there are no roll calls.\u00a0<\/span><\/span><\/p>\n <\/p>\n <\/p>\n PASSED: <\/strong><\/span>This bill is now law! See how your legislator voted<\/a>.\u00a0<\/span><\/span><\/p>\n <\/p>\n <\/p>\n PASSED: <\/span><\/b>This bill passed in the House and Senate unanimously by voice vote, meaning there is no roll call. It is on its way to the governor for signature!\u00a0<\/span><\/span><\/p>\n All of the following bills died when attempts to reconvene for a special session were defeated. Many will be reintroduced in the 130th Legislature.\u00a0 \u00a0<\/span><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\nBILLS THAT PASSED<\/h2>\n
Made for Maine Health Care Act.<\/b> <\/span>LD 2007, An Act To Enact the Made for Maine Health Coverage Act and Improve Health Choices in Maine<\/span><\/a> (Governor’s Bill). Sponsor: <\/span>House Speaker Sara Gideon (D-Freeport)<\/span><\/a> and <\/span>Senate President Troy Jackson (D-Aroostook)<\/span><\/a>.
<\/span>This bill would create a<\/span> state-run health care marketplace<\/span><\/a> to help control out-of-pocket costs, make it easier and less expensive for small businesses to offer health insurance to their employees, set Maine-specific deductibles and copays, and make shopping for health insurance simpler. Under <\/span>the legislation<\/span><\/a>, beginning in 2021, the first medical and mental health care visits of each year would be free, with no copay or deductible, and there would be no deductible for the second and third visits. Beginning in 2022, commonly used medical procedures and visits would have the same deductible, co-pay, and out-of-pocket spending limits. Maine would request a federal waiver to pool insurance plans and premiums for individuals and small businesses so small businesses can benefit from Maine\u2019s reinsurance program. If approved, Maine would be the first state in the country to offer a small-business option such as this. A state-based marketplace run through the federal HealthCare.gov would launch in fall of 2020, with plans to transition to a fully state-run website and call center operated through the Maine Department of Health and Human Services. The legislation would utilize existing federal dollars and require no new state funding. The <\/span>Committee on Health Coverage, Insurance and Financial Services<\/span> held a public hearing Feb 5 (read the testimony<\/a>) and has voted that the bill ought to pass as amended.\u00a0<\/span><\/span><\/p>\n<\/b><\/span><\/span><\/b><\/b><\/p>\n
<\/span>This bill promotes transparency in medical billing by requiring health care providers to be more upfront about health care costs. Under the legislation, health care providers must provide patients with expected costs before scheduling procedures; requires providers to disclose \u201cfacility fees\u201d before charging patients and to identify them clearly on a patient\u2019s bill; and requires clinicians who receive a patient referral to inform the patient if their services will not be covered by insurance. The bill also requires medical charges to be billed within 6 months of the receipt of medical services and procedures.\u00a0<\/span><\/span>The Committee on Health Coverage, Insurance and Financial Services held a public hearing on this bill Feb. 25 (read the testimony<\/a>) and voted that it ought to pass. The bill has not yet been sent to the Senate for a vote.<\/span><\/p>\n
<\/span>This bill would ban surprise medical billing from out-of-network emergency department visits when a patient is unable to choose an in-network provider. Also called \u201cbalance billing,\u201d surprise billing occurs when providers bill patients directly and at a higher rate. In Maine, <\/span>7% of emergency visits<\/span><\/a> result in at least 1 out-of-network charge. The legislation would expand <\/span>existing consumer protections<\/span><\/a> to cover surprise billing from emergency visits, limiting the amount of out-of-network charges to the same level as in-network. The bill also provides a process for uninsured patients to dispute a surprise bill totaling $750 or more.<\/span><\/span><\/p>\n
<\/span>This bill, which has more than 100 co-sponsors from every caucus, caps the out-of-pocket cost insurers can bill for insulin to $100 a month, regardless of how much a patient uses. Some <\/span>142,000 Mainers<\/span><\/a> have diabetes, incurring an average of $16,750 in diabetes-related health care costs each year. A <\/span>recent study<\/span><\/a> found that the cost of insulin nearly doubled between 2012-2016, from $2,864 to $5,705 per patient a year, costs so high that <\/span>1 in 4 patients<\/span><\/a> often limit their insulin dose or skip it altogether. Illinois and Colorado have passed <\/span>similar bills<\/span><\/a>, and other states are also considering pricing caps.\u00a0<\/span><\/span><\/p>\nEqual pay for workers with disabilities.<\/span><\/b> LD 1874, An Act To Amend the Laws Governing the Subminimum Wage<\/span><\/a>. Sponsor: Rep. Ryan Fecteau (D-Biddeford).
<\/span>This bill would repeal a state law that allows employers in Maine to pay workers with disabilities less than minimum wage. Under the <\/span>Federal Labor Standards Act<\/span><\/a>, employers can seek waivers to pay some workers with disabilities less than minimum wage. A bill passed by the House in July 2019 would end subminimum wage<\/a> for workers with disabilities, but the Senate has not taken it up. According to the Maine <\/span>Department of Labor<\/span><\/a>, 33.2% of Mainers with disabilities work, with a median income of $18,434, significantly lower than the national average. Although no employers in Maine currently take advantage of the subminimum wage allowance for workers with disabilities, the law was used as <\/span>recently as 2017<\/span><\/a> to pay workers as little as $2 an hour. LD 1874 would prevent the practice in the future. If passed, Maine would become the fifth state to <\/span>ban subminimum wage<\/span><\/a> for workers with disabilities and dozens more are considering similar legislation. A <\/span>similar bill<\/span><\/a><\/span> failed in the Legislature in 2015. The Committee on Labor and Housing held a public hearing Jan. 22 (read the testimony<\/a>). The committee voted the bill ought to pass as amended.<\/span><\/span><\/p>\nBan on pelvic examinations without consent.<\/b><\/span> LD, 1948, An Act To Prohibit, Except in Emergency Situations, the Performance without Consent of Pelvic Examinations on Unconscious or Anesthetized Patients.<\/span><\/a> Sponsor: <\/span>Rep. Vicki Doudera (D-Camden)<\/span><\/a>.
<\/span>This bill would make it illegal for clinicians, health care providers, and students to perform a pelvic examination on an unconscious or anesthetized patient <\/span>without prior consent<\/span><\/a>. Although at least 10 states have passed similar bans, the majority currently allow clinicians or medical students to perform pelvic examinations <\/span>without a patient\u2019s consent<\/span><\/a>, even if they are medically unnecessary. Despite denouncements by the American Medical Association, American College of Obstetricians and Gynecologists, and the Association of American Medical Colleges, there are reports of <\/span>widespread<\/span><\/a> use of unauthorized pelvic examinations in medical schools around the country. Among those supporting the bill are the Maine Medical Association, Maine Osteopathic Association, and the Maine Nurse Practioner Association. The Committee on Health Coverage, Insurance and Financial Services held a public hearing Jan. 28. (<\/span>Read the testimony.<\/span><\/a>) The committee voted the bill ought to pass as amended, but has not yet sent the bill to the House for a vote.\u00a0<\/span><\/span><\/p>\n\u00a0<\/h3>\n
BILLS THAT DIED<\/h2>\n
Restoring Tribal Sovereignty. <\/b><\/span>LD 2094, An Act To Implement the Recommendations of the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act<\/span><\/a>. Sponsor: <\/span>Rep. Pinny Beebe-Center (D-Rockland)<\/span><\/a>.
<\/span>This bill would enact <\/span>consensus recommendations<\/span><\/a> from the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act, which was established by the Legislature last year. The recommendations, <\/span>released in January<\/span><\/a>, address long-standing issues with the Maine Indian Claims Settlement Act of 1980, a negotiation between the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians and the state and federal governments. For 40 years, language in the settlement has been used to treat the Tribes as little more than municipalities, leaving them with <\/span>fewer rights<\/span><\/a> than those of all other federally recognized Tribes across the country. Tribal leaders <\/span>have argued<\/span><\/a> that the act is a \u201cfailed experiment\u201d and created barriers to Tribal economic development and disparities in education, health care, and public safety between Indigenous and non-Indigenous people. LD 2094 would address this by <\/span>restoring the Tribal sovereignty<\/span><\/a> of the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians over a range of issues, including the prosecution of crimes on tribal lands, the regulation of fishing, hunting, and other uses of natural resources on tribal lands, gaming, taxation, and land acquisition. The task force\u2019s recommendations do not affect the Aroostook Band of Micmacs, who are pursuing their own sovereignty proposal through parallel efforts. Although Democratic leaders in the Legislature support the bill, Gov. Janet Mills has expressed concerns about its “sweeping nature,”<\/a> objections that took some task force members<\/a> by surprise.\u00a0 The Committee on the Judiciary held two public hearings in February (read the testimony<\/a>) and a number of work sessions before adjourning.<\/span><\/span><\/p>\n<\/b><\/b><\/span>Paid family and medical leave.<\/span> LD 1410, An Act To Create Paid Family and Medical Leave Benefits<\/a>. Sponsor: <\/span>Speaker Sara Gideon (D-Freeport)<\/a>.<\/span><\/span><\/b><\/b><\/span>
This bill, which was introduced in 2019, would create a universal paid family and medical leave (PFML) program that provides 12 weeks of paid family leave or 20 weeks of paid medical leave. The U.S. is the <\/span>only industrialized nation <\/span><\/a>in the world without a paid family leave system, even though <\/span>85% of Americans<\/span><\/a> support the idea. <\/span>Studies suggest <\/span><\/a>that paid family leave reduces the financial burden of illness, boosts worker morale and productivity, and supports economic growth. PFML also is associated with a <\/span>10% drop in infant mortality<\/span><\/a>. <\/span>Under a similar law in California, one of 5 states<\/a> with PFML, 87% of employers report no increased costs<\/a> as a result of their paid family leave program, and 9% reported decreased employee turnover. Under <\/span>Maine\u2019s initiative<\/span><\/a>, which would cover 95% of Maine’s workers, all wage and salary employees would be required to contribute less than 1% of their annual salary to a Family and Medical Leave Insurance Fund, which covers all benefits and program administration costs. Self-employed individuals would be allowed to opt-in. The program requires no contributions from employers or the state. After contributing to the fund for 26 weeks, employees are eligible for 12 weeks of paid family leave or 20 weeks of paid medical leave. Participants are guaranteed job security under the bill. If passed, employees can begin contributing to the fund in January 2021 and begin drawing from the fund a year later. When on leave, employees would receive 90% of their weekly wage<\/a> up to $415 per week, plus 67% of wages after that. The total weekly benefit would be capped a the state Average Weekly Wage of $830 per week, which is adjusted annually. A public hearing<\/a> was held last session (read the public testimony<\/a>) before the Labor and Housing Committee, which carried the bill over<\/a>. The committee held several work sessions before adjourning.\u00a0<\/span><\/span><\/p>\nOvertime protections for Workers<\/b>. <\/span><\/span>LD 402, An Act To Restore Overtime Protections for Maine Workers<\/span><\/a>. Sponsor: <\/span>Rep. Ryan Tipping (D-Orono)<\/span><\/a>.
<\/span>This bill would restore lost overtime protections to about 28,000 Maine salaried workers who currently are ineligible for overtime, increasing wages by $8.8 million<\/a>. A 1938 federal law established overtime protection designed to protect low-wage earners from being forced to work more than 40 hours without pay. But the salary threshold for eligibility hasn\u2019t been raised in decades. In 1999, Maine passed a law that tied that income threshold to minimum wage. Today, salaried workers who earn more than $36,000 a year can be made to work more than 40 hours a week without compensation for the extra hours. That means that only about<\/span> 20% of Maine\u2019s salaried workers<\/span><\/a> get overtime protection. LD 402, which was first introduced last year, would gradually increase the overtime threshold to about $55,000 by 2022\u2014bringing it back to historic levels and restoring overtime for an estimated <\/span>