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LePage Administration Appeals Court Order To Implement Medicaid Expansion

Maine Public staff/file
DHHS Commissioner Ricker Hamilton, then a nominee for the post, at a legislative committee hearing Oct. 19, 2017.

The LePage administration is appealing a judge's order issued Monday that requires the state to begin implementing the expansion of Medicaid approved by Maine voters in 2017.

In an email sent to Maine Public Thursday night, Julie Rabinowitz, a spokesperson for the Department of Health and Human Services, says Commissioner Ricker Hamilton appealed Monday's decision.

"The Commissioner has appealed and asked the Law Court to expedite briefing on this important constitutional question," Rabinowitz says, in a brief statement.  "An appropriation is essential to implementing any major public program, and Medicaid expansion is no different."

The plan to expand Medicaid was originally due in April, but the LePage administration had argued it couldn’t submit it until it had funding — and Gov. Paul LePage placed several caveats on exactly how lawmakers could fund it, forbidding any tax increases or use of rainy day funds.

In Monday's decision, Justice Michaela Murphy ordered the state to submit a plan to the federal government by June 11.  Advocates say that means enrollment should begin on July 2, for the 70,000 people who are eligible.

Attorney Jamie Kilbreth, who represented Maine Equal Justice Partners in the case, said earlier this week that Maine has the money to implement the expansion.

“The nonpartisan staff of the Appropriations Committee has determined there is funding for all of the people currently on Medicaid, plus this new group, through early June 2019,” he said.