Resolve, To Provide Sustainable Funding for Assisted Living Facilities

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  assisted living facilities received one-time funding in Public Law 2017, chapter 460 for the 2018-19 fiscal year and additional funding is immediately necessary; and

Whereas,  almost 200 elderly residents of assisted living facilities in Sanford, Saco, Portland, Camden, Augusta, Bangor and Millinocket are vulnerable if additional funding is not immediately provided; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Department of Health and Human Services to increase reimbursement. Resolved: That, no later than July 1, 2019, the Department of Health and Human Services shall increase the total reimbursement paid to the 7 assisted living facilities that have contracts with the department by $569,111 in each year.

Sec. 2. Increase to medication passes. Resolved: That the Department of Health and Human Services shall amend Section 63 of the Office of Elder Services Policy Manual, 10-149 C.M.R. Chapter 5, for residents who reside in one of the assisted living facilities that have contracts with the department to increase the number of medication passes from 3 medication passes per consumer per day to 6 medication passes per consumer per day. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. The rules must allow for reimbursement under this section beginning July 1, 2019.

Sec. 3. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF

Long Term Care - Office of Aging and Disability Services 0420

Initiative: Provides funding to increase the contracts with the 7 assisted living facilities currently under contract.

GENERAL FUND	2019-20	2020-21
All Other	$569,111	$569,111
GENERAL FUND TOTAL	$569,111	$569,111

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This emergency bill includes the recommendations of the sustainable funding review conducted by the Department of Health and Human Services pursuant to Public Law 2017, chapter 460, Part H. The bill requires the Department of Health and Human Services, by July 1, 2019, to increase the total reimbursement amount by $569,111 in each year to the 7 assisted living facilities that have contracts with the department. The Department of Health and Human Services shall also amend its Section 63 rules of the Office of Elderly Services Policy Manual, 10-149 C.M.R. Chapter 5, to increase the number of medication passes per consumer per day from 3 to 6. The rules must allow for reimbursement for this service beginning July 1, 2019.