WE, your Memorialists, the Members of the One Hundred and Twenty-fourth Legislature of the State of Maine now assembled in the Second Regular Session, most respectfully present and petition the United States Congress as follows:

WHEREAS,  the federal Veterans Benefits, Health Care, and Information Technology Act of 2006, Public Law 109-461, requires the United States Department of Veterans Affairs to reimburse Maine Veterans' Homes at a higher rate for the cost of care provided to veterans with a 70% or higher service-connected condition or who require nursing home care for a service-connected reason; and

WHEREAS,  the 70 Percent Program was set up to give equal access to veterans with service-connected disabilities who use Maine Veterans' Homes in Augusta, Scarborough, Caribou, Bangor, South Paris and Machias, Maine; and

WHEREAS,  although the intent of the United States Department of Veterans Affairs regulations is to provide a higher per diem rate for veterans with service-connected disabilities, the regulations actually result in significantly lower total amounts being paid to many Maine Veterans' Homes providing nursing home care to veterans with service-connected disabilities; and

WHEREAS,  as implemented, the 70 Percent Program does not provide to many Maine Veterans' Homes the actual cost of care for disabled veterans in these homes, despite congressional intent; and

WHEREAS,  the continued financial viability of many state veterans' homes systems across the nation is threatened, including the Maine Veterans' Homes; and

WHEREAS,  the threat to the continued financial viability of state veterans' homes is particularly acute in the 30 states that have Medicare-certified or Medicaid-certified state veterans' homes, including Maine, and that receive payments for the care of veterans with service-connected disabilities under such programs; and

WHEREAS,  several states have refrained from admitting some veterans with service-connected disabilities to state veterans' homes; and

WHEREAS,  although the new United States Department of Veterans Affairs per diem program is viable for some states providing nursing home care and domiciliary care to veterans with service-connected disabilities, it is highly problematic for states providing skilled nursing home care to veterans with service-connected disabilities in Medicaid-certified and Medicare-certified state veterans' homes; and

WHEREAS,  legislation to rectify this problem is before Congress in H.R. 4241, which would allow for increased flexibility in payments for state veterans' homes; now, therefore, be it