Whereas, immediate relief from regulatory burdens is necessary; 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. Rulemaking. Resolved: That by July 1, 2005, the Department of Health and Human Services, Office of Management and Budget, Division of Audit shall adopt rules to allow 50% of audited cost savings to accrue to the agency demonstrating the ability to generate such cost savings in its operations. The division shall notify the Joint Standing Committee on Health and Human Services of any rule that is proposed pursuant to this resolve. Rules adopted pursuant to this resolve are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

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

SUMMARY

This resolve requires the Department of Health and Human Services, Office of Management and Budget, Division of Audit to provide a part of any cost savings created by a provider of intermediate care facilities for mental retardation nursing services to the agency demonstrating the ability to generate such cost savings to its operations.