PORTLAND (NEWS CENTER Maine) — Maine’s long-running debate over expanding Medicaid will apparently be decided by the courts.
Lawyers for the LePage administration and expansion supporters faced off Thursday in Superior Court in Portland.
The law passed by voters last November required the Maine Department of Health and Human Services to file a plan with the federal government by April 3 to start implementing the expansion. That didn’t happen.
In court, supporters argued that the law is clear and asked the judge to order the LePage administration to comply. But the lawyer for the governor and DHHS argued that the Maine Legislature has to provide the money for expansion before it can be implemented. That hasn’t happened yet, and attorney Patrick Strawbridge said without specific funding the department can’t move ahead.
"For whatever reason, the people drafting this referendum did not include a funding mechanism, so it falls to the legislature," Strawbridge said. "Until the legislature acts there’s nothing the commissioner can do."
Expansion supporters dismissed that argument. They said funding is a political matter and that there is more than enough money already in the DHHS Medicaid accounts to cover the cost of expansion until May or even June 2019, by which time a new legislature and governor can develop longer-term funding.
"The people, in enacting this law at the ballot box, have said a state plan amendment needs to be filed and should have been filed by April 3," said Charlie Dingman, one of the attorneys for Maine Equal Justice Partners, the group leading the court challenge. "We are asking the court to order the commissioner to do what the law tells him to do."
Justice Michaela Murphy said she will have a decision as soon as possible.
The next deadline in the expansion law is July 2, at which time eligible Mainers are supposed to be able to begin signing up for coverage. However, that date could also be in question. Attorney Strawbridge said if the court rules against the LePage administration, they will appeal the case to the Maine Supreme Court.