Amend the bill by striking out all of section 9 and inserting the following:
‘Sec. 9. 22 MRSA §1714-D is enacted to read:
If the department determines that there is a credible allegation of fraud by a provider under the MaineCare program, the following procedures apply.
Amend the bill by striking out all of section 11 and inserting the following:
‘Sec. 11. 22 MRSA §3811, sub-§3, as amended by PL 1997, c. 466, §27 and affected by §28, is further amended to read:
Amend the bill by inserting after section 12 the following:
‘Sec. 13. Emergency rules. Notwithstanding the Maine Revised Statutes, Title 5, section 8054, the department may adopt emergency rules to implement Title 22, section 1714-D without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health or safety or the general welfare, if notice is given through a MaineCare provider list and 5 days or more are allowed for comment prior to adoption of the rules.’
Amend the bill by striking out all of section 13 and inserting the following:
‘Sec. 13. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Office for Family Independence Z020
Initiative: Provides funding for 8 Fraud Investigator positions and 2 Office Associate positions and related All Other costs funded 50% from the General Fund and 50% from Other Special Revenue Funds in the Office for Family Independence.
GENERAL FUND |
2011-12 |
2012-13 |
Personal Services
|
$0 |
$313,011 |
All Other
|
$0 |
$19,643 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
GENERAL FUND TOTAL |
$0 |
$332,654 |
OTHER SPECIAL REVENUE FUNDS |
2011-12 |
2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 |
10.000 |
Personal Services
|
$0 |
$313,011 |
All Other
|
$0 |
$28,837 |
|
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
![inline graphic sline.gif](/meld/xml/ati/graphics/sline.gif) |
OTHER SPECIAL REVENUE FUNDS TOTAL |
$0 |
$341,848 |
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the majority report of the committee. The amendment removes from the bill a provision regarding the scope of administrative hearings with regard to appeals of suspensions of payments for credible allegations of fraud. The amendment adds a provision on confidentiality. The amendment authorizes the Department of Health and Human Services to adopt by rule a procedure for expedited relief from suspension of payments. The amendment revises the requirement on adoption of rules and requires rules to define "credible allegation of fraud" and to provide exception and appeal procedures as required by and in accordance with the requirements of federal law and regulations. The amendment narrows the definition of "overpayment" with respect to certain public assistance program benefits. The amendment provides that the provisions concerning credible allegations of fraud and MaineCare provider payment suspensions are repealed if Section 6402(h)(2) of the federal Patient Protection and Affordable Care Act of 2010 and 42 Code of Federal Regulations, Part 455 are invalidated by the United States Supreme Court.
FISCAL NOTE REQUIRED
(See attached)