An Act To Provide Certain Requirements for Rules Related to Rate Setting for Mental Retardation Services

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

Whereas,  the change to standardized rates for providers of care to persons with mental retardation under the waiver will have a significant impact on the system; and

Whereas,  rulemaking for provider rate setting is an important process and the Legislature should be involved in this process; and

Whereas,  rulemaking for provider rate setting is currently in progress and could be complete before this legislation goes into effect; 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,

Sec. 1. 34-B MRSA §5432, sub-§3,  as amended by PL 1993, c. 410, Pt. CCC, §35, is further amended to read:

Sec. 2. Rules. The Department of Health and Human Services is authorized to adopt major substantive rules on an emergency basis during calendar year 2007 with regard to rate setting for providers of services to persons with mental retardation.

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