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Yahoo
02-06-2025
- Business
- Yahoo
Lawmakers still split over data privacy policy as bill advances to floor
Republican Rep. Rachel Henderson of Rumford (middle) discusses her data privacy proposal with Judiciary Committee analyst Janet Stocco (left). (Emma Davis/ Maine Morning Star) Members of the Judiciary Committee late Friday advanced one of three proposals to better protect data privacy in Maine with the hope that the effort to rein in the reach of Big Tech would not founder as it did last year. Before voting against her own bill, Rep. Rachel Henderson (R-Rumford) told the Judiciary Committee Friday afternoon that she thinks the best chance the Legislature has to get a comprehensive data privacy law passed this year is for there to be just one plan for the Maine Senate and House of Representatives to consider. 'To me, it's not about having a bill in my name,' Henderson said. 'It's about the policy. Transparently, it took me a while to get there. I've got an ego too.' However, that decision does not mean lawmakers agree on what the right policy is. That will still be worked out in the chambers. For the sake of procedure, the committee opted to advance just one of the bills, but the competing components of the plans will still have the opportunity to be considered as majority and minority reports. As Henderson put it, 'I would hate to see happen this year what happened last year.' Legislature rejects paths to a comprehensive data privacy law in Maine Last session, after a dozen public meetings, countless hours of behind-the-scenes work and sizable lobbying influence from Big Tech, the Legislature rejected two competing data privacy bills on the last day, during which floor speeches demonstrated confusion over the various differences in the bills. The fundamental differences between last year's legislation — namely how companies approach the collection of user data — could not be reconciled. The plans being considered this year, which lean heavily on last year's proposals, still have those key differences, so whether a resolution can be reached this year will remain to be seen. The main disagreement is how to approach a standard called data minimization, which broadly means limiting the collection of personal information to only what is necessary to fulfill the consumer service. The legislation the majority of the committee advanced, LD 1822 sponsored by Rep. Amy Kuhn (D-Falmouth), uses this approach. It specifically would limit the collection of personal data to only what is reasonably necessary and proportionate to provide a specific product or service requested by the consumer. The key reason business interests at the public hearing opposed this bill was because they were concerned it would prevent them from doing targeted advertising. While Kuhn built her bill off of one of the versions last year that was favored by privacy advocates and opposed by businesses, she altered it to ensure small businesses that have to stretch their advertising dollars can access ad exchanges, which are marketplaces where companies can buy and sell advertising. On Friday, Maine Assistant Attorney General Brendan O'Neil said, 'I don't see a restriction on targeted advertising in the bill.' Henderson's bill, LD 1088, which the majority of committee rejected, would use a notice and consent model, allowing companies to collect data as long as consumers agree to it in privacy notices. Earlier in May, the committee rejected a similar bill, LD 1224, to narrow down the number of competing proposals. These two bills are similar to the version last session that was favored by businesses, who argued for Maine to adopt a law that is consistent with those adopted by other states. There is currently a patchwork of state laws and parts of federal legislation governing the current landscape, as there remains no one federal law regulating internet privacy, despite several proposals. But more than a dozen states have modeled their laws off one first passed in Connecticut, which is the basis for LD 1088 and LD 1224. However, Connecticut's attorney general has since recommended that its state Legislature amend the law to strengthen data minimization provisions rather than rely on its current 'exploitable' notice-and-consent model. Reading from the Connecticut report released in April, O'Neil said, 'They start out by saying that, in many cases, serious privacy and data security concerns could have been offset, if not fully alleviated, if companies had properly minimized the data they collected and maintained. That's really what LD 1822's data minimization standard aims to do.' Maryland passed a law last year that is similar to Kuhn's proposal, marking a departure from the years-long trend of states following what privacy advocates see as Connecticut's watered down model. Maine's full Legislature will now decide between these two versions of a data privacy law. The committee voted 7-1 against LD 1088, with Rep. Adam Lee opposed, but his minority report was to strike and replace the bill with Kuhn's bill. Six members were absent for the vote. The committee also voted 7-1 in favor of LD 1822, with Henderson opposed. Her minority report is to strike and replace the bill for her bill language. Six members were again absent for the vote. Essentially, these minority reports afford lawmakers avenues to take up the versions as they see fit but, the committee hopes, without the confusion of competing bills like last year. With the possibility of changes coming to Connecticut's law and waiting to see how Maryland's law works in practice, lawmakers also prepared to have a vehicle to use should Maine pass a law and then want to amend it based on lessons learned from other states. A concept draft, LD 595 sponsored by Judiciary Committee co-chair Anne Carney (D-Cumberland), will be carried over into next year, which currently reads that it could 'further update certain consumer privacy laws in response to recent developments in federal and state consumer privacy laws.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
20-05-2025
- Health
- Yahoo
Maine House fails to garner enough Republican votes to make Medicaid funding available sooner
Several legislators said that they've heard concerns from constituents, both those who work in the health care field who are worried about layoffs and those who rely on Medicaid worried about accessing services. (Photo by Getty Images) As health care providers warn of depleted funds hampering services, the Maine Legislature appears poised to close off a path that would make already allocated Medicaid funding available sooner. With a 93-50 vote on Tuesday, the Maine House of Representatives failed to reach the two-thirds support needed to enact an emergency measure. The contents of this bill are already law. The funding was included in the two-year budget passed in March. What's new is that this bill would make that funding available immediately. Democrats pushed through a two-year budget that continued government spending at the same level but also included additional funding to address emergency needs, notably to address a $118 million funding deficit for MaineCare, the state's Medicaid program. However, because that budget bill also failed to garner the support of two-thirds of the Legislature, the funding will not be available until late June. The Democratic majority moved ahead with that plan without GOP support after Senate Republicans refused to support an earlier change package for the current fiscal year to address the MaineCare deficit and other urgent needs unless it included structural reform to the health care program. Legislative leadership accepted a late-submitted emergency bill, LD 1948, as a way to try to get the funding out to providers sooner. 'This bill before us here is just the blank check part without the other reforms that we had agreed to,' House Minority Leader Billy Bob Falkingham (R-Winter Harbor) said ahead of the vote on Tuesday. However, not all members of the minority party felt the same way. Rep. Rachel Henderson (R-Rumford) voted against the supplemental budget because at the time she'd felt that there was an opportunity to push for reform, but she said on Tuesday that the measure before the body was different. 'Now what's before us is, we're asking ourselves, do we want to pay our bills?' Henderson said. 'I would urge my colleagues, let's let the past be the past.' Despite not clinching the support needed, the bill will still head to the Senate for enactment and could return to the lower chamber if the emergency threshold is reached in the upper chamber. The state started withholding some payments to health care providers on March 12 amid the budget debate to ensure some level of funding would be available for the duration of the current fiscal year. Several hospitals said then that they were not in a position to absorb the payment cuts. Now, the total withheld to community-governed hospitals in the Maine Hospital Association is approaching $100 million, Jeffrey Austin, vice president of government affairs for the association, told Maine Morning Star. 'This is a lot of cash to not have available to pay bills with,' Austin said. 'Maine hospitals have some of the lowest margins in the country and the highest debt.' The load hospitals bear gets heavier with each day that goes by without a full restoration of reimbursements, Austin said. 'It's made a tough situation that much tougher,' he said, 'and the sooner it's over the better.' Several legislators said on the House floor Tuesday that they've heard similar concerns from constituents, both those who work in the health care field who are worried about layoffs and those who rely on Medicaid worried about accessing services. 'So when I'm asked, 'What's in it for us?'' Rep. James Dill (D-Old Town) said. 'The answer is simple: people.' Hearing similar concerns in his district, Rep. David Rollins (D-Augusta) acknowledged LD 1948 won't fix all of the financial challenges providers are currently facing, 'but it will provide some relief by ensuring that the providers get the MaineCare funding they're owed by the state.' Speaking with Maine Morning Star, Scott Hanson, president of the Maine Medical Association, which represents the state's physicians, residents and medical students across all clinical specialties, had a similar view of the emergency legislation. While noting challenges with hiring and retention and what he sees as inadequate reimbursements rates, Hanson said MaineCare payments are a crucial part of providers' bottom lines, so having that funding restored sooner is a priority for the association. Regardless, Hanson is concerned about the state of Medicaid, given possible cuts coming from the federal budget being considered by U.S. Congress. 'Things are so, how shall we say, topsy turvy, or uncertain coming out of Washington,' as Hanson put it. The U.S. House of Representatives Committee on Energy and Commerce, which oversees health care, approved a bill last week that proposes the largest cuts to Medicaid in the history of the program. The full House is expected to vote on the package this week and, if it passes, it would then head to the Senate, where GOP lawmakers are expected to rewrite numerous sections of the bill. 'That's going to trickle down to the states as a lack of funding,' Hanson said. 'So it could make the current crisis for Augusta legislators a whole lot worse.' The two-year budget Democrats passed in March did not include any policy changes to address the sizable budget deficit the state faces over the next biennium, including another expected shortfall for MaineCare. Gov. Janet Mills' proposals to close that gap — tax increases and program cuts — as well as the requests from the public and lawmakers are being considered for the next iteration of the budget plan. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
06-05-2025
- Business
- Yahoo
‘Buckle up': Data privacy bills back before Maine Legislature
Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Yahoo is using AI to generate takeaways from this article. This means the info may not always match what's in the article. Reporting mistakes helps us improve the experience. Generate Key Takeaways There is currently a patchwork of state laws and parts of federal legislation governing the current landscape, as there remains no one federal law regulating internet privacy. (Photo) The Maine Legislature is again considering enacting a comprehensive data privacy law. Last session, after a dozen public meetings, countless hours of behind-the-scenes work and sizable lobbying influence from Big Tech, the Legislature rejected two competing data privacy proposals, which the bills this session build upon. The sponsors of three proposals heard in the Judiciary Committee on Monday each described their legislation as a means to put Mainers in control of their personal information, however the bills diverge on how best to do so. The key difference between the versions remains the same: how they limit data collection. LD 1822, sponsored by Rep. Amy Kuhn (D-Falmouth), uses a standard called data minimization, which limits companies to collecting only information directly relevant and necessary for their operations. Maine's attorney general and privacy advocates testified in favor of this version last session and again on Monday, pushing for a plan that would make Maine's regulations on companies that collect online consumer information among the strictest in the country. Conversely, the version that was backed by businesses and technology companies last session is the basis for LD 1088, sponsored by Rep. Rachel Henderson (R-Rumford), and LD 1224, sponsored by Rep. Tiffany Roberts (D-South Berwick) and bipartisan co-sponsors. These bills use a consent-based model, which allows companies to collect the data they'd like so long as it's disclosed in the terms and conditions consumers agree to. Other tensions that arose last year regarding how to approach enforcement and exemptions, as well as whether to repeal Maine's current internet service provider-specific law to instead regulate all businesses under one comprehensive law, are among the key points of division among proposals this session. There is currently a patchwork of state laws and parts of federal legislation governing the current landscape, as there remains no one federal law regulating internet privacy, despite several proposals. Because of this, all of the bill sponsors highlighted the importance of enacting a law that is interoperable among other states, though argued for different reasons why their version would best allow for it. The bills last session morphed considerably as lawmakers attempted, though ultimately failed, to reach agreement on one proposal and the same tedious work is expected again this session. As Henderson put it on Monday, 'I am happy to be here but I also want to offer condolences to everyone who now has to sit through more privacy bills, and if you have not had the honor of doing so, welcome and buckle up.' Data collection The average consumer is likely more familiar with the data collection approach in the Republican and bipartisan measures, LD 1088 and LD 1224, which rely on privacy notices that consumers must agree to before accessing a website or app. Data collection can still occur in that case, whereas LD 1822 — which only has Democratic cosponsors — would prohibit businesses from collecting certain information. The arguments for and against each largely felt like déjà vu, with businesses and tech groups on one side and privacy advocates and civil rights groups on the other. Testifying in favor of LD 1822, Maine Assistant Attorney General Brendan O'Neil said data minimization would reduce consumer burden and better align data practices with what consumers expect. Health care providers and immigrant rights groups also argued explicit bans on sensitive data are crucial. 'We know from firsthand accounts in Maine that immigrants avoid accessing healthcare, education or even emergency assistance because they fear where that information may end up,' said Ruben Torres, policy lead for the Maine Immigrants' Rights Coalition. Representatives of Maine Family Planning and Planned Parenthood argued data minimization would shore up Maine's shield law, noting they currently hear from patients who fear data logged in menstrual tracking apps could be used in legal action in states where abortion and other sexual reproductive health care is banned. All three bills approach 'personal' and 'sensitive' data differently. LD 1088 and LD 1224 would limit the collection of personal data to what is 'adequate, relevant and reasonably necessary' to provide the product or service requested by the consumer, and require what's collected to be disclosed in a privacy notice. However, the bills would require 'affirmative, informed consent' for the collection of sensitive data, such as information about a consumer's sexual orientation, immigration status and geolocation data — though how that would differ from a privacy notice was not clear on Monday. LD 1822 would limit the collection of personal data to what is 'reasonably necessary and proportionate' to provide the product or service requested by the consumer, but that the collection of sensitive data must be limited to only what is 'strictly necessary.' Last year, the bill Kuhn modeled hers after had also also regulated the use of data, which this version does not, much to the disappointment of privacy advocates. Kuhn also made some changes based on concerns raised by businesses last year that data minimization would limit their ability to do targeted advertising and limit reach to new consumers. Essentially, the version this year now ensures small businesses that have to stretch their advertising dollars can access ad exchanges, which are marketplaces where companies can buy and sell advertising. Of note, while more supportive of LD 1088 and LD 1224, L.L. Bean did not testify against the data minimization bill this year. Now neither for nor against, Christy Van Voorhees, legal counsel for the Freeport-based retail giant, said Kuhn's version is 'very close' to something they could get behind but that the data minimization standard still raises concerns that she hopes lawmakers can clarify. 'This is a very challenging time for businesses,' Van Voorhees added, 'and I hope that that's taken into account.' Interoperability Last session, business interests argued in favor of enacting a law most consistent with those adopted by other states, whereas consumer advocates maintained that greater protections should not be sacrificed for consistency's sake. More than a dozen states have modeled their laws off of one first passed in Connecticut, the model LD 1088 and LD 1224 use. Patrick Woodcock, president and CEO of the Maine State Chamber of Commerce, said the group has sent a letter to Maine's congressional delegation requesting change on the federal level, however, 'absent that, we would strongly encourage the committee to avoid anything that puts Maine businesses at a disadvantage.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX However, this session the interoperability argument has become more muddled, as Kuhn pointed out that some of the states that have adopted the Connecticut model are now amending their laws to bring them closer to the data minimization standard. Also, Maryland passed a law last year that is very similar to Kuhn's proposal. Maryland's move marks a divergence from the years-long trend of state-level proposals being watered down. Lawmakers in Connecticut have also proposed an amendment to change its standard to match Maryland's data minimization model. 'We should settle on interoperability that actually is protecting consumers,' Kuhn said. She added, 'If you think of Wayne Gretzsky: where's the puck going? This is where the puck is going.' Building off of that analogy, Woodcock argued it's unclear where the puck is going because there remains ambiguity in how Maryland law will be implemented and how companies will comply. That was also the view shared by other business interests, including Charlie Sultan, an attorney representing the Maine Association of Insurance Companies, who argued a pending amendment is only that, an example of lawmakers advocating for a position but not a change that the state has officially made. Exemptions During floor debates last year, the most common critique from Republicans was that the version with more data minimization offered too many exemptions to several types of companies, such as higher education, banks, hospital systems and nonprofits. That remains a key difference between the two buckets of data privacy bills being considered this year. While Kuhn said on Monday that in an ideal world a data privacy law would not have entity level exemptions, she included the exemptions for certain businesses settled on in negotiations last year. 'I felt it was very important to the business community that we not ask people to come back here and relitigate all of those,' Kuhn said. She also noted that her bill includes previously proposed data-level exemptions, which exempt regulated data maintained by a company but require that company to otherwise comply with the privacy law. Overall, her more stringent proposal has more data minimization and, as a result, offers more exemptions to the law. Meanwhile, the more business-friendly proposals do not have as much minimization, leading to fewer exemptions. One key difference between LD 1088 and LD 1224, however, is that the former would repeal the current law governing the privacy of internet consumers, which was enacted in 2019. The version favored by businesses and tech last year initially proposed such a repeal but later removed it as a concession made during negotiations. Henderson is pushing for the repeal again. So is Senate Minority leader Trey Stewart (R-Aroostook). Also on Monday, the Judiciary Committee heard LD 1284, sponsored by Stewart, which would solely repeal that law. Advocating against the repeal, Michael Kebede, policy director for the American Civil Liberties Union of Maine, said the internet provider law affords stronger protections than those proposed in Henderson's bill and LD 1224. But Stewart said the fact that lawmakers are considering a comprehensive data privacy law underscores the need for a different approach. 'Privacy today is no longer just a technology or telecom issue,' Stewart said. 'It's a legal issue, a civil rights issue and a consumer protection issue. The fact that the Legislature itself has recognized this complexity is a signal that we can no longer afford to treat privacy as if it starts and ends with [internet service providers].' Enforcement Through the course of deliberations last session, the data privacy proposals ended up taking a very similar approach to enforcement. This year the proposals are all starting out largely in agreement in this regard. All bills only allow enforcement through the Maine Attorney General's Office, rather than allowing people who feel their privacy has been violated to take a company to court, known as a private right of action. 'Again, we're going to honor that negotiated conclusion,' Kuhn said on Monday. The Maine Attorney General's Office and the ACLU of Maine still urged the committee to consider adding a private right of action. In contrast to the other proposals, Kuhn's bill also includes a cure period, so that businesses have an opportunity to comply without facing consequences. All three bills would require the Attorney General to regularly submit reports on enforcement to inform the Legislature on any amendments that might need to be made, which has been the approach in Connecticut and other states. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
08-04-2025
- Politics
- Yahoo
Legislators agree General Assistance needs reform, but split on how
Volunteers with Preble Street in Portland serve food. (Courtesy of Preble Street) Both lawmakers who want to limit and expand General Assistance agree that the program is vital but isn't working as is. 'For some, life's burdens may feel overwhelming, leaving them vulnerable and isolated. It's in these moments that the true strength of a municipality is revealed, not just in the policies they enact but in the genuine care that they offer,' said Rep. Rachel Henderson of the state's assistance program, which helps municipalities pay for basic necessities for those who can't afford them. However, the Rumford Republican added, 'Moderating these assistance programs is also imperative. It ensures that the resources are allocated effectively and equitably, reaching those who need them the most.' Henderson was among the legislators who presented a total of ten bills proposing changes to General Assistance — expansion, restriction, altering municipalities' responsibilities — to the Legislature's Health and Human Services committee on Monday. Gov. Janet Mills' administration opposed essentially all, however Mills has been pushing her own version of the limits she'd like to see placed on the program. General Assistance has already been the focus of much debate this session Mills, a Democrat, proposed limits to the program in her initial plan for the supplemental budget. The Democratic majority incorporated some limits, though not as sweeping as the governor requested, but the supplemental budget ultimately failed to pass due to Senate Republican opposition. Limits to General Assistance weren't included in a two-year budget the majority passed last month, which largely continued funding government services, though General Assistance restrictions are expected to be considered in another budget bill that will be focused on policy. Maine is one of 25 states that operate a GA program. These programs vary in structure and administration, and Maine is an outlier in using a municipality-based matching formula. In Maine, municipalities and tribes determine eligibility based on state law and municipal ordinances, and pay 30% of eligible expenditures, while the state reimburses the remaining 70%. Ian Yaffe, director of the Office for Family Independence, told the committee that absent additional reforms, the GA program is expected to grow beyond $20 million, double the current baseline of $10.4 million, in the next fiscal year. While community housing and homelessness organizations testified in support of proposals to expand the program, Yaffe argued none are tenable given the current reality of the project state budget deficit. But the administration is also opposed to legislation that seeks to limit the program, citing court precedent that struck down similar restrictions in other states and the challenges with mandating work as a condition of eligibility for welfare. Three of the proposals heard Monday would place further limits on General Assistance, including a plan from Sen. Sue Bernard (R-Aroostook) that includes the exact changes Mills initially proposed. LD 1066 would cap housing assistance, except for temporary housing and emergency shelters, to a maximum of three months per household over one year. It would also limit municipalities from exceeding the maximum levels for all assistance categories for no more than 30 days per household over one year. While those aspects of LD 1066 mirror the governor's proposal, Yaffe said the department is opposed because of the bill's mandate on workfare — requiring recipients capable of working to do so for the municipality or a nonprofit as a condition to receive assistance — something that is currently optional and used by fewer than 10% of municipalities. Portland officials defend General Assistance amid push to cut spending 'Workfare participants must not replace the employment of regular municipal or nonprofit employees and participants still require supervision, which may take municipal staff away from their regularly scheduled tasks,' Yaffe said. 'Additionally, many municipalities are avoiding this type of workfare due to liability concerns.' House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) proposed an alternative type of limit in LD 1274, capping the state reimbursement to any single municipality to 50% of the total state funding allocated for General Assistance in any given year. Citing Portland's high spending compared to other municipalities, Faulkingham said the municipalities outside of Maine's largest city are left with insufficient resources. 'The fact that one city can consume such a disproportionate share of state resources is not only inefficient, but unfair,' Faulkingham said. 'This cap will encourage municipalities like the City of Portland to explore other methods of assisting residents in need, such as private donations, local initiatives and increased collaboration with nonprofits.' The Mills administration is opposed because the bill is an unfunded mandate, Yaffe explained. 'A decrease in reimbursement will not negate the actual need of individuals but rather shift the burden to that municipality's local taxpayers or neighboring communities,' Yaffe said. LD 1046, sponsored by Tracy Quint (R-Hodgdon), would establish a 180-day state residency requirement for the program. 'Our state should not be a destination point for those seeking to abuse our kindness and goodwill,' Quint said. 'No part of the state should be able, through their local unsustainable misappropriation, be allowed to plunder state resources in flagrant disregard to the harm caused to the financial stability of our state.' Testifying in opposition, Yaffe pointed to several court cases that have defended citizens' rights to travel and to relocate without forfeiting their rights to public assistance. Two bills seek to increase the state reimbursement from 70% to 90%: LD 453, sponsored by Sen. Joseph Baldacci (D-Penobscot), and LD 1029, sponsored by Sen. Rachel Talbot Ross (D-Cumberland). The senators represent two municipalities, Portland and Bangor, that have the largest General Assistance costs. City leaders and district attorneys have previously told the Legislature that this disproportionate spending is by design, given that most mental health and substance use treatment centers, as well as homeless shelters, are located in or near larger cities. Baldacci and Talbot Ross also think it's due to inadequate reimbursement rates overall. 'The financial burden caused by the current reimbursement rate is too large a barrier for most municipalities to overcome,' Talbot Ross said. 'As such, far too often we see people leaving their natural support systems and their own communities of origin to access resources and larger service center communities.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Baldacci said property tax payers currently bear the burden of the 30%. 'I am sure the state has saved tens of billions of dollars from this, but it's only come at the expense of property taxpayers in Bangor and all over the state,' Baldacci said. 'This bill is in part to bring some sanity back to this program. If there are regulations or restrictions that the Legislature wants to impose on General Assistance, those can be debated and discussed.' Community housing and homelessness organizations favor Talbot Ross's plan because it goes farther, requiring that the maximum General Assistance level sufficiently accounts for housing assistance while also ensuring adequate eligibility for other necessities. Annika Moore, advocacy team leader for Preble Street, which provides services to people experiencing homelessness, said as rents have increased people reach the maximum assistance level with housing payments alone. Moore provided an example of one of Preble Streets' clients, who uses her entire General Assistance benefit to cover rent for a modest one bedroom apartment and has essentially no other possessions aside from donated food. Illustrating to lawmakers the inadequate funding that exists to meet needs, Katie Spencer White, president and CEO of the Mid Maine Homeless Shelter and Services in Waterville, said Sunday night her shelter provided emergency housing to 90 people. A bank released $100,000 of the organization's line of credit Monday, she said, but she expects to need to take out another $100,000 next month. Shelters can't charge people for stays, which is the underlying idea of presumptive eligibility, the assumption that a person in emergency shelter is eligible for government assistance unless proven otherwise. Currently, state law requires a person's eligibility to be redetermined after 30 days. LD 1029 would increase that to 180 days, which White said is more reasonable. 'Allowing shelter providers more time to work with clients, many of whom are in crisis and experiencing trauma that results in behavior and emotional reactions, including anxiety, fear and difficulty concentrating, will make sure the system serves the people it intends to serve,' White said. The change would also help agencies like hers hire staff to submit invoices, 'Because, believe it or not, we are a business, and if it costs more to submit the invoice than we receive in revenue, we will not submit the invoice.' Other proposed expansions focused on the services eligible for reimbursement by General Assistance. LD 657, sponsored by Rep. Abden Simmons (R-Waldoboro), would designate broadband and internet as basic necessities under the program. 'By adding internet services to the General Assistance program, it would help them to not miss important doctors appointments,' Simmons said, explaining that he introduced the bill on behalf of a constituent who had this challenge. 'In areas of the state with aging communities like mine, this desperately is needed.' However, Yaffe said the program is meant to meet immediate, short-term needs, whereas he described broadband and internet services as ongoing needs. LD 1017, also sponsored by Talbot Ross, would add the cost of food provided or served at emergency shelters to the reimbursement, as the system currently reimburses shelters for the cost of issuing food vouchers but not providing meals themselves. Yaffe argued providing this assistance to shelters wouldn't be consistent with the primary purpose of the program, which is to provide direct assistance to individuals. The Mills administration testified neither for nor against one bill, LD 1081, which would adjust part of a law passed last year that required a staff member be available to accept and process General Assistance applications during all regular business hours of a municipal office. LD 1081, sponsored by Rep. Melanie Sachs (D-Freeport), would change statute to require each municipality to designate daily hours for accepting and processing General Assistance applications, which can't be less than 50% of the municipality's regular business hours. 'Freeport has struggled to comply with this requirement,' Sachs said, explaining that Freeport Community Services terminated its contract with the town last summer due to a lack of capacity, increased applications and case complexity. While Sachs said she doesn't want to make it harder for applicants, she wants to make sure communities can provide the service. The Mills administration seemed to agree. 'The department believes that this bill strikes the right balance between ensuring access to the GA program and alleviating the burdens of program administration, particularly in smaller municipalities,' Yaffe said. LD 1178, is intended to 'add some teeth' to the statute that deals with municipal responsibilities, said bill sponsor Rep. Suzanne Salisbury (D-Westbrook). It would expedite the process of determining when a municipality illegally moves a person to avoid the responsibility of administering General Assistance and adds penalties for doing so. While some social services workers viewed this as a more effective alternative to the bill that proposed residency requirements, Yaffe said the data the state has about these conflicts demonstrates it's not a major issue. Yaffe said the questions submitted to the program's hotline, which is available to GA administrators or members of the public, regarding municipality of responsibility only accounted for 132 requests or about 2% of the total last year, with most requests being for guidance and not actual disputes between towns. While pointing to those figures, the lack of comprehensive data overall about the program remains an issue. Henderson proposed LD 637, which would direct the Maine Department of Health and Human Services to evaluate if it's feasible to upgrade the program database to include information about whether a disqualified applicant is seeking assistance in another municipality. 'I don't want to speak negatively of a very valuable General Assistance program that our municipalities provide,' Henderson said, adding that she has personally experienced poverty and homelessness. 'I think one of the hardest things to see is when there's such a negative outlook on people who reach out for help and seek help.' Henderson said her bill would maximize the impact of the program's funding and foster trust in the community as residents see that support is being directed to those who truly need it. However, Yaffe said such a report would duplicate requirements already in law — and requirements that the Mills administration has recently found it is going to be unable to execute. In August, the department solicited requests for proposals to build a technology platform for General Assistance program evaluation but received bids between $752,000 to $5.8 million for the initial two-year period to build the system. 'Given the current fiscal reality and ongoing increases to cost within the GA program, the department is not able to absorb these costs into department resources as it had originally intended,' Yaffe said, adding that the department will be submitting a revision to current statute to clarify what it can accomplish within existing resources, or to delay the system until funding is available. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-04-2025
- Politics
- Yahoo
Legislators agree General Assistance needs reform, but split on how
Volunteers with Preble Street in Portland serve food. (Courtesy of Preble Street) Both lawmakers who want to limit and expand General Assistance agree that the program is vital but isn't working as is. 'For some, life's burdens may feel overwhelming, leaving them vulnerable and isolated. It's in these moments that the true strength of a municipality is revealed, not just in the policies they enact but in the genuine care that they offer,' said Rep. Rachel Henderson of the state's assistance program, which helps municipalities pay for basic necessities for those who can't afford them. However, the Rumford Republican added, 'Moderating these assistance programs is also imperative. It ensures that the resources are allocated effectively and equitably, reaching those who need them the most.' Henderson was among the legislators who presented a total of ten bills proposing changes to General Assistance — expansion, restriction, altering municipalities' responsibilities — to the Legislature's Health and Human Services committee on Monday. Gov. Janet Mills' administration opposed essentially all, however Mills has been pushing her own version of the limits she'd like to see placed on the program. General Assistance has already been the focus of much debate this session Mills, a Democrat, proposed limits to the program in her initial plan for the supplemental budget. The Democratic majority incorporated some limits, though not as sweeping as the governor requested, but the supplemental budget ultimately failed to pass due to Senate Republican opposition. Limits to General Assistance weren't included in a two-year budget the majority passed last month, which largely continued funding government services, though General Assistance restrictions are expected to be considered in another budget bill that will be focused on policy. Maine is one of 25 states that operate a GA program. These programs vary in structure and administration, and Maine is an outlier in using a municipality-based matching formula. In Maine, municipalities and tribes determine eligibility based on state law and municipal ordinances, and pay 30% of eligible expenditures, while the state reimburses the remaining 70%. Ian Yaffe, director of the Office for Family Independence, told the committee that absent additional reforms, the GA program is expected to grow beyond $20 million, double the current baseline of $10.4 million, in the next fiscal year. While community housing and homelessness organizations testified in support of proposals to expand the program, Yaffe argued none are tenable given the current reality of the project state budget deficit. But the administration is also opposed to legislation that seeks to limit the program, citing court precedent that struck down similar restrictions in other states and the challenges with mandating work as a condition of eligibility for welfare. Three of the proposals heard Monday would place further limits on General Assistance, including a plan from Sen. Sue Bernard (R-Aroostook) that includes the exact changes Mills initially proposed. LD 1066 would cap housing assistance, except for temporary housing and emergency shelters, to a maximum of three months per household over one year. It would also limit municipalities from exceeding the maximum levels for all assistance categories for no more than 30 days per household over one year. While those aspects of LD 1066 mirror the governor's proposal, Yaffe said the department is opposed because of the bill's mandate on workfare — requiring recipients capable of working to do so for the municipality or a nonprofit as a condition to receive assistance — something that is currently optional and used by fewer than 10% of municipalities. Portland officials defend General Assistance amid push to cut spending 'Workfare participants must not replace the employment of regular municipal or nonprofit employees and participants still require supervision, which may take municipal staff away from their regularly scheduled tasks,' Yaffe said. 'Additionally, many municipalities are avoiding this type of workfare due to liability concerns.' House Minority Leader Billy Bob Faulkingham (R-Winter Harbor) proposed an alternative type of limit in LD 1274, capping the state reimbursement to any single municipality to 50% of the total state funding allocated for General Assistance in any given year. Citing Portland's high spending compared to other municipalities, Faulkingham said the municipalities outside of Maine's largest city are left with insufficient resources. 'The fact that one city can consume such a disproportionate share of state resources is not only inefficient, but unfair,' Faulkingham said. 'This cap will encourage municipalities like the City of Portland to explore other methods of assisting residents in need, such as private donations, local initiatives and increased collaboration with nonprofits.' The Mills administration is opposed because the bill is an unfunded mandate, Yaffe explained. 'A decrease in reimbursement will not negate the actual need of individuals but rather shift the burden to that municipality's local taxpayers or neighboring communities,' Yaffe said. LD 1046, sponsored by Tracy Quint (R-Hodgdon), would establish a 180-day state residency requirement for the program. 'Our state should not be a destination point for those seeking to abuse our kindness and goodwill,' Quint said. 'No part of the state should be able, through their local unsustainable misappropriation, be allowed to plunder state resources in flagrant disregard to the harm caused to the financial stability of our state.' Testifying in opposition, Yaffe pointed to several court cases that have defended citizens' rights to travel and to relocate without forfeiting their rights to public assistance. Two bills seek to increase the state reimbursement from 70% to 90%: LD 453, sponsored by Sen. Joseph Baldacci (D-Penobscot), and LD 1029, sponsored by Sen. Rachel Talbot Ross (D-Cumberland). The senators represent two municipalities, Portland and Bangor, that have the largest General Assistance costs. City leaders and district attorneys have previously told the Legislature that this disproportionate spending is by design, given that most mental health and substance use treatment centers, as well as homeless shelters, are located in or near larger cities. Baldacci and Talbot Ross also think it's due to inadequate reimbursement rates overall. 'The financial burden caused by the current reimbursement rate is too large a barrier for most municipalities to overcome,' Talbot Ross said. 'As such, far too often we see people leaving their natural support systems and their own communities of origin to access resources and larger service center communities.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Baldacci said property tax payers currently bear the burden of the 30%. 'I am sure the state has saved tens of billions of dollars from this, but it's only come at the expense of property taxpayers in Bangor and all over the state,' Baldacci said. 'This bill is in part to bring some sanity back to this program. If there are regulations or restrictions that the Legislature wants to impose on General Assistance, those can be debated and discussed.' Community housing and homelessness organizations favor Talbot Ross's plan because it goes farther, requiring that the maximum General Assistance level sufficiently accounts for housing assistance while also ensuring adequate eligibility for other necessities. Annika Moore, advocacy team leader for Preble Street, which provides services to people experiencing homelessness, said as rents have increased people reach the maximum assistance level with housing payments alone. Moore provided an example of one of Preble Streets' clients, who uses her entire General Assistance benefit to cover rent for a modest one bedroom apartment and has essentially no other possessions aside from donated food. Illustrating to lawmakers the inadequate funding that exists to meet needs, Katie Spencer White, president and CEO of the Mid Maine Homeless Shelter and Services in Waterville, said Sunday night her shelter provided emergency housing to 90 people. A bank released $100,000 of the organization's line of credit Monday, she said, but she expects to need to take out another $100,000 next month. Shelters can't charge people for stays, which is the underlying idea of presumptive eligibility, the assumption that a person in emergency shelter is eligible for government assistance unless proven otherwise. Currently, state law requires a person's eligibility to be redetermined after 30 days. LD 1029 would increase that to 180 days, which White said is more reasonable. 'Allowing shelter providers more time to work with clients, many of whom are in crisis and experiencing trauma that results in behavior and emotional reactions, including anxiety, fear and difficulty concentrating, will make sure the system serves the people it intends to serve,' White said. The change would also help agencies like hers hire staff to submit invoices, 'Because, believe it or not, we are a business, and if it costs more to submit the invoice than we receive in revenue, we will not submit the invoice.' Other proposed expansions focused on the services eligible for reimbursement by General Assistance. LD 657, sponsored by Rep. Abden Simmons (R-Waldoboro), would designate broadband and internet as basic necessities under the program. 'By adding internet services to the General Assistance program, it would help them to not miss important doctors appointments,' Simmons said, explaining that he introduced the bill on behalf of a constituent who had this challenge. 'In areas of the state with aging communities like mine, this desperately is needed.' However, Yaffe said the program is meant to meet immediate, short-term needs, whereas he described broadband and internet services as ongoing needs. LD 1017, also sponsored by Talbot Ross, would add the cost of food provided or served at emergency shelters to the reimbursement, as the system currently reimburses shelters for the cost of issuing food vouchers but not providing meals themselves. Yaffe argued providing this assistance to shelters wouldn't be consistent with the primary purpose of the program, which is to provide direct assistance to individuals. The Mills administration testified neither for nor against one bill, LD 1081, which would adjust part of a law passed last year that required a staff member be available to accept and process General Assistance applications during all regular business hours of a municipal office. LD 1081, sponsored by Rep. Melanie Sachs (D-Freeport), would change statute to require each municipality to designate daily hours for accepting and processing General Assistance applications, which can't be less than 50% of the municipality's regular business hours. 'Freeport has struggled to comply with this requirement,' Sachs said, explaining that Freeport Community Services terminated its contract with the town last summer due to a lack of capacity, increased applications and case complexity. While Sachs said she doesn't want to make it harder for applicants, she wants to make sure communities can provide the service. The Mills administration seemed to agree. 'The department believes that this bill strikes the right balance between ensuring access to the GA program and alleviating the burdens of program administration, particularly in smaller municipalities,' Yaffe said. LD 1178, is intended to 'add some teeth' to the statute that deals with municipal responsibilities, said bill sponsor Rep. Suzanne Salisbury (D-Westbrook). It would expedite the process of determining when a municipality illegally moves a person to avoid the responsibility of administering General Assistance and adds penalties for doing so. While some social services workers viewed this as a more effective alternative to the bill that proposed residency requirements, Yaffe said the data the state has about these conflicts demonstrates it's not a major issue. Yaffe said the questions submitted to the program's hotline, which is available to GA administrators or members of the public, regarding municipality of responsibility only accounted for 132 requests or about 2% of the total last year, with most requests being for guidance and not actual disputes between towns. While pointing to those figures, the lack of comprehensive data overall about the program remains an issue. Henderson proposed LD 637, which would direct the Maine Department of Health and Human Services to evaluate if it's feasible to upgrade the program database to include information about whether a disqualified applicant is seeking assistance in another municipality. 'I don't want to speak negatively of a very valuable General Assistance program that our municipalities provide,' Henderson said, adding that she has personally experienced poverty and homelessness. 'I think one of the hardest things to see is when there's such a negative outlook on people who reach out for help and seek help.' Henderson said her bill would maximize the impact of the program's funding and foster trust in the community as residents see that support is being directed to those who truly need it. However, Yaffe said such a report would duplicate requirements already in law — and requirements that the Mills administration has recently found it is going to be unable to execute. In August, the department solicited requests for proposals to build a technology platform for General Assistance program evaluation but received bids between $752,000 to $5.8 million for the initial two-year period to build the system. 'Given the current fiscal reality and ongoing increases to cost within the GA program, the department is not able to absorb these costs into department resources as it had originally intended,' Yaffe said, adding that the department will be submitting a revision to current statute to clarify what it can accomplish within existing resources, or to delay the system until funding is available. SUPPORT: YOU MAKE OUR WORK POSSIBLE
