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RESOLVES
First Special Session of the 122nd

CHAPTER 45
S.P. 278 - L.D. 839

Resolve, To Alleviate the Negative Impact of Certain Taxes on Hospitals and Private Nonmedical Institutions

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

     Whereas, current law imposes a tax on hospitals in this State, regardless of the size of the hospitals or the amount of MaineCare revenue received by those hospitals; and

     Whereas, this tax imposes a hardship on some hospitals, which may lead to the closure of, or the reduction of services provided by, those hospitals; 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. Alleviating the impact of certain taxes. Resolved: That the Department of Health and Human Services and the Governor's Office of Health Policy and Finance shall review the impact of the hospital tax and the private nonmedical institution portion of the service provider tax on hospitals and private nonmedical institutions with the goal of alleviating the negative impact on those facilities. In conducting the review the department and the office shall consult with hospitals and private nonmedical institutions within the State, shall consider alternatives that comply with federal Medicaid law and regulation and shall consider submitting a state plan amendment. By September 1, 2005 the department and the office shall report to the Joint Standing Committee on Health and Human Services regarding the results of the review and any recommendations resulting from the review.

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

Effective May 25, 2005.

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