An Act To Make Supplemental Appropriations and Allocations for the Expenditures of State Government and To Change Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Year Ending June 30, 2013

PART A

Sec. A-1. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Revenue Services, Bureau of 0002

Initiative: Provides funding for advertising and mailing costs to implement a use tax compliance program.

GENERAL FUND	2011-12	2012-13
All Other	$0	$330,000
GENERAL FUND TOTAL	$0	$330,000

Revenue Services, Bureau of 0002

Initiative: Provides funding to initiate an overtime project to enhance revenue discovery and revenue collections. The project will increase gross revenue from income and sales and use taxes by an estimated $2,000,000 in fiscal year 2012-13.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$210,000
All Other	$0	$20,000
GENERAL FUND TOTAL	$0	$230,000

Solid Waste Management Fund 0659

Initiative: Provides funding for the operation of the Dolby Landfill in the Town of East Millinocket.

GENERAL FUND	2011-12	2012-13
All Other	$0	$320,000
GENERAL FUND TOTAL	$0	$320,000

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$880,000
DEPARTMENT TOTAL - ALL FUNDS	$0	$880,000

CONSERVATION, DEPARTMENT OF

Office of the Commissioner 0222

Initiative: Reduces funding by eliminating one Commissioner of Conservation position. This initiative relates to the creation of the new Department of Agriculture, Conservation and Forestry.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(1.000)
Personal Services	$0	($107,688)
GENERAL FUND TOTAL	$0	($107,688)

CONSERVATION, DEPARTMENT OF
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	($107,688)
DEPARTMENT TOTAL - ALL FUNDS	$0	($107,688)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Developmental Services - Community 0122

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Elder and Adult Services and Office of Adults with Cognitive and Physical Disability Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(3.000)
Personal Services	$0	($224,577)
GENERAL FUND TOTAL	$0	($224,577)

Developmental Services Waiver - MaineCare 0987

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$6,299,768
GENERAL FUND TOTAL	$0	$6,299,768

Developmental Services Waiver - MaineCare 0987

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,190,669
GENERAL FUND TOTAL	$0	$1,190,669

Developmental Services Waiver - Supports Z006

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$5,658,034
GENERAL FUND TOTAL	$0	$5,658,034

Developmental Services Waiver - Supports Z006

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$91,346
GENERAL FUND TOTAL	$0	$91,346

Developmental Services Waiver - Supports Z006

Initiative: Provides funds to serve individuals on the waiting list for services under the MaineCare Benefits Manual, Chapter II, Section 29, Support Benefits for Adults with Intellectual Disabilities or Autistic Disorder.

GENERAL FUND	2011-12	2012-13
All Other	$0	$500,000
GENERAL FUND TOTAL	$0	$500,000

Disproportionate Share - Dorothea Dix Psychiatric Center 0734

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$73,700
GENERAL FUND TOTAL	$0	$73,700

Disproportionate Share - Riverview Psychiatric Center 0733

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$111,280
All Other	$0	$40,232
GENERAL FUND TOTAL	$0	$151,512

Dorothea Dix Psychiatric Center 0120

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	($73,700)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($73,700)

FHM - Substance Abuse 0948

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	$17,976
FUND FOR A HEALTHY MAINE TOTAL	$0	$17,976

Medicaid Services - Developmental Services 0705

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,201,050
GENERAL FUND TOTAL	$0	$1,201,050

Medicaid Services - Developmental Services 0705

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$592,079
GENERAL FUND TOTAL	$0	$592,079

Mental Health Services - Child Medicaid 0731

Initiative: Reduces funding by eliminating optional coverage under the MaineCare program for persons 19 and 20 years of age with income less than or equal to 150% of the nonfarm income official poverty line.

GENERAL FUND	2011-12	2012-13
All Other	$0	($238,173)
GENERAL FUND TOTAL	$0	($238,173)

Mental Health Services - Child Medicaid 0731

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$4,709,869
GENERAL FUND TOTAL	$0	$4,709,869

Mental Health Services - Child Medicaid 0731

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$470,754
GENERAL FUND TOTAL	$0	$470,754

Mental Health Services - Children 0136

Initiative: Reduces funding by reducing contracts for residential services.

GENERAL FUND	2011-12	2012-13
All Other	$0	($1,250,000)
GENERAL FUND TOTAL	$0	($1,250,000)

Mental Health Services - Children 0136

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(9.000)
Personal Services	$0	($704,020)
GENERAL FUND TOTAL	$0	($704,020)

Mental Health Services - Community 0121

Initiative: Eliminates 17 Intensive Case Manager positions, 2 Mental Health Caseworker Supervisor positions, one Mental Health Worker III position and one Social Services Manager I position in the Mental Health Services - Community program and increases All Other funding to expand the department's Projects for Assistance in Transition from Homelessness program to a statewide model. The remaining savings will be used to contract for case management services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(21.000)
Personal Services	$0	($1,041,182)
All Other	$0	$1,041,182
GENERAL FUND TOTAL	$0	$0

Mental Health Services - Community 0121

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Substance Abuse and Office of Adult Mental Health Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(4.000)
Personal Services	$0	($216,208)
GENERAL FUND TOTAL	$0	($216,208)

Mental Health Services - Community 0121

Initiative: Reduces funding from a 6% reduction in mobile outreach crisis contracts.

GENERAL FUND	2011-12	2012-13
All Other	$0	($277,500)
GENERAL FUND TOTAL	$0	($277,500)

Mental Health Services - Community Medicaid 0732

Initiative: Reduces funding by eliminating optional coverage under the MaineCare program for persons 19 and 20 years of age with income less than or equal to 150% of the nonfarm income official poverty line.

GENERAL FUND	2011-12	2012-13
All Other	$0	($138,229)
GENERAL FUND TOTAL	$0	($138,229)

Mental Health Services - Community Medicaid 0732

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$614,409
GENERAL FUND TOTAL	$0	$614,409

Mental Health Services - Community Medicaid 0732

Initiative: Reduces funding from savings from limiting MaineCare reimbursement for methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months except as permitted with prior authorization beyond 24 months.

GENERAL FUND	2011-12	2012-13
All Other	$0	($491,407)
GENERAL FUND TOTAL	$0	($491,407)

Office of Advocacy - BDS 0632

Initiative: Eliminates one Public Service Manager II position and one part-time and 6 full-time Advocate positions to reflect the elimination of the Office of Advocacy and increases the current All Other appropriation of $38,292 by $291,763 in order to provide $330,055 for a contract for advocacy services. This request will reduce General Fund undedicated revenue by $140,259.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(7.500)
Personal Services	$0	($419,384)
All Other	$0	$291,763
GENERAL FUND TOTAL	$0	($127,621)

Office of Substance Abuse 0679

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Substance Abuse and Office of Adult Mental Health Services.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$15,000
GENERAL FUND TOTAL	$0	$15,000

FEDERAL BLOCK GRANT FUND	2011-12	2012-13
Personal Services	$0	$5,907
FEDERAL BLOCK GRANT FUND TOTAL	$0	$5,907

Office of Substance Abuse - Medicaid Seed 0844

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$869,928
GENERAL FUND TOTAL	$0	$869,928

Office of Substance Abuse - Medicaid Seed 0844

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$53,748
GENERAL FUND TOTAL	$0	$53,748

Office of Substance Abuse - Medicaid Seed 0844

Initiative: Reduces funding from savings from limiting MaineCare reimbursement for methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months except as permitted with prior authorization beyond 24 months.

GENERAL FUND	2011-12	2012-13
All Other	$0	($141,733)
GENERAL FUND TOTAL	$0	($141,733)

Riverview Psychiatric Center 0105

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	($111,280)
All Other	$0	($40,232)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($151,512)

Riverview Psychiatric Center 0105

Initiative: Provides funding to offset a reduction in disproportionate share payments for individuals transferred from jails or prisons, for individuals for whom the court has ordered evaluations and for individuals determined to be incompetent to stand trial.

GENERAL FUND	2011-12	2012-13
Unallocated	$0	$3,176,972
GENERAL FUND TOTAL	$0	$3,176,972

Traumatic Brain Injury Seed Z042

Initiative: Adjusts funding for Medicaid services as a result of the decrease of the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,669
GENERAL FUND TOTAL	$0	$1,669

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$21,861,039
FUND FOR A HEALTHY MAINE	$0	$17,976
OTHER SPECIAL REVENUE FUNDS	$0	($225,212)
FEDERAL BLOCK GRANT FUND	$0	$5,907
DEPARTMENT TOTAL - ALL FUNDS	$0	$21,659,710

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Bureau of Child and Family Services - Central 0307

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	35.000
Personal Services	$0	$774,988
All Other	$0	$1,151,783
GENERAL FUND TOTAL	$0	$1,926,771

FEDERAL EXPENDITURES FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(27.000)
Personal Services	$0	($1,727,713)
All Other	$0	($2,656,179)
FEDERAL EXPENDITURES FUND TOTAL	$0	($4,383,892)

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	$1,479,798
All Other	$0	($2,668,528)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($1,188,730)

Bureau of Child and Family Services - Regional 0452

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	16.000
Personal Services	$0	($6,230,149)
All Other	$0	$432,191
GENERAL FUND TOTAL	$0	($5,797,958)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($21,372)
FEDERAL EXPENDITURES FUND TOTAL	$0	($21,372)

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	$7,322,251
All Other	$0	$975,406
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$8,297,657

Bureau of Medical Services 0129

Initiative: Establishes 2 Public Service Coordinator I positions funded 50% General Fund and 50% Federal Expenditures Fund in the Bureau of Medical Services.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$83,362
All Other	$0	$5,000
GENERAL FUND TOTAL	$0	$88,362

FEDERAL EXPENDITURES FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	2.000
Personal Services	$0	$83,362
All Other	$0	$6,341
FEDERAL EXPENDITURES FUND TOTAL	$0	$89,703

Bureau of Medical Services 0129

Initiative: Provides funding for contract services and other administrative costs of the MaineCare Redesign Task Force established in this Act.

GENERAL FUND	2011-12	2012-13
All Other	$0	$250,000
GENERAL FUND TOTAL	$0	$250,000

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$250,000
FEDERAL EXPENDITURES FUND TOTAL	$0	$250,000

Child Care Food Program 0454

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

FEDERAL EXPENDITURES FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(2.000)
Personal Services	$0	($82,533)
All Other	$0	($327)
FEDERAL EXPENDITURES FUND TOTAL	$0	($82,860)

Child Care Services 0563

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

FEDERAL BLOCK GRANT FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	7.000
Personal Services	$0	($140,825)
All Other	$0	$41,647
FEDERAL BLOCK GRANT FUND TOTAL	$0	($99,178)

Child Support 0100

Initiative: Establishes 8 Human Services Support Enforcement Agent positions funded 34% General Fund and 66% Federal Expenditures Fund in the Child Support program. The General Fund portion of the positions is funded by the additional undedicated revenue generated by these additional positions.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$174,240
All Other	$0	$15,000
GENERAL FUND TOTAL	$0	$189,240

FEDERAL EXPENDITURES FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	8.000
Personal Services	$0	$338,240
All Other	$0	$30,667
FEDERAL EXPENDITURES FUND TOTAL	$0	$368,907

Departmentwide 0640

Initiative: Reduces funding from salary savings. Notwithstanding any other provision of law, the State Budget Officer shall calculate the amount of savings in this Part that applies to each General Fund account in the Department of Health and Human Services and shall transfer the amounts by financial order upon the approval of the Governor. These transfers are considered adjustments to appropriations in fiscal year 2012-13.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	($1,000,000)
GENERAL FUND TOTAL	$0	($1,000,000)

FHM - Bureau of Health 0953

Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy Maine.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	($5,718,328)
FUND FOR A HEALTHY MAINE TOTAL	$0	($5,718,328)

FHM - Drugs for the Elderly and Disabled Z015

Initiative: Reduces funding from reducing income eligibility levels for the Medicare savings program.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	($1,219,908)
FUND FOR A HEALTHY MAINE TOTAL	$0	($1,219,908)

FHM - Family Planning 0956

Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy Maine.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	($401,430)
FUND FOR A HEALTHY MAINE TOTAL	$0	($401,430)

FHM - Medical Care 0960

Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal Medical Assistance Percentage.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	$113,010
FUND FOR A HEALTHY MAINE TOTAL	$0	$113,010

FHM - Medical Care 0960

Initiative: Notwithstanding any other provision of law, adjusts funding by increasing funding in the FHM - Medical Care program and decreasing funding in the Medical Care - Payments to Providers program to reflect a redistribution of funding within the Fund for a Healthy Maine.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	$9,876,575
FUND FOR A HEALTHY MAINE TOTAL	$0	$9,876,575

FHM - Purchased Social Services 0961

Initiative: Reduces funding to reflect a redistribution of funding in the Fund for a Healthy Maine.

FUND FOR A HEALTHY MAINE	2011-12	2012-13
All Other	$0	($1,971,118)
FUND FOR A HEALTHY MAINE TOTAL	$0	($1,971,118)

General Assistance - Reimbursement to Cities and Towns 0130

Initiative: Provides funding for general assistance benefits.

GENERAL FUND	2011-12	2012-13
All Other	$0	$4,297,699
GENERAL FUND TOTAL	$0	$4,297,699

General Assistance - Reimbursement to Cities and Towns 0130

Initiative: Provides funding in the General Assistance - Reimbursement to Cities and Towns program to bring allocations into line with anticipated resources.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
All Other	$0	$449,846
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$449,846

General Assistance - Reimbursement to Cities and Towns 0130

Initiative: Allocates funds for 7 limited-period Family Independence Specialist positions in the general assistance program and for other costs of the pilot program to maximize and expedite the award of federal Supplemental Security Income program benefits for recipients of general assistance and to identify and assist veterans who receive assistance through programs administered by the Office for Family Independence who may be eligible for federal Department of Veterans Affairs cash or medical assistance to access those benefits. These positions are established through June 15, 2014. This initiative is estimated to generate $1,057,903 in 2012-13 in additional dedicated revenue for the general assistance program. Any dedicated revenue in addition to this estimated level must be used to offset the savings target of the general assistance working group established in this Act.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	$469,104
All Other	$0	$976,874
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$1,445,978

Head Start 0545

Initiative: Reduces funding for the Head Start program.

GENERAL FUND	2011-12	2012-13
All Other	$0	($2,000,000)
GENERAL FUND TOTAL	$0	($2,000,000)

IV-E Foster Care/Adoption Assistance 0137

Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$13,579
GENERAL FUND TOTAL	$0	$13,579

IV-E Foster Care/Adoption Assistance 0137

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,418,655
GENERAL FUND TOTAL	$0	$1,418,655

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($15,143,042)
FEDERAL EXPENDITURES FUND TOTAL	$0	($15,143,042)

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
All Other	$0	($72,393)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($72,393)

Low-cost Drugs To Maine's Elderly 0202

Initiative: Reduces funding from reducing the upper income eligibility level for the Low-cost Drugs To Maine's Elderly program from 185% to175% of the federal poverty level.

GENERAL FUND	2011-12	2012-13
All Other	$0	($112,154)
GENERAL FUND TOTAL	$0	($112,154)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding from reducing income eligibility for Medicaid services for a parent or a caretaker relative of an eligible child from a maximum of 133% of the federal poverty level to 100%.

GENERAL FUND	2011-12	2012-13
All Other	$0	($5,866,833)
GENERAL FUND TOTAL	$0	($5,866,833)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($10,106,031)
FEDERAL EXPENDITURES FUND TOTAL	$0	($10,106,031)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by eliminating optional coverage under the MaineCare program for persons 19 and 20 years of age with income less than or equal to 150% of the nonfarm income official poverty line.

GENERAL FUND	2011-12	2012-13
All Other	$0	($3,653,598)
GENERAL FUND TOTAL	$0	($3,653,598)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($6,941,958)
FEDERAL EXPENDITURES FUND TOTAL	$0	($6,941,958)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by eliminating ambulatory surgical center services as an optional service in the MaineCare program.

GENERAL FUND	2011-12	2012-13
All Other	$0	($77,697)
GENERAL FUND TOTAL	$0	($77,697)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($133,839)
FEDERAL EXPENDITURES FUND TOTAL	$0	($133,839)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by eliminating sexually transmitted disease screening clinic services as an optional service in the MaineCare program.

GENERAL FUND	2011-12	2012-13
All Other	$0	($163,463)
GENERAL FUND TOTAL	$0	($163,463)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($181,178)
FEDERAL EXPENDITURES FUND TOTAL	$0	($181,178)

Medical Care - Payments to Providers 0147

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$32,808,234
GENERAL FUND TOTAL	$0	$32,808,234

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$124,626,202
FEDERAL EXPENDITURES FUND TOTAL	$0	$124,626,202

Medical Care - Payments to Providers 0147

Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$6,997,873
GENERAL FUND TOTAL	$0	$6,997,873

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($10,382,324)
FEDERAL EXPENDITURES FUND TOTAL	$0	($10,382,324)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by eliminating the reimbursement for smoking cessation products.

GENERAL FUND	2011-12	2012-13
All Other	$0	($179,095)
GENERAL FUND TOTAL	$0	($179,095)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($308,504)
FEDERAL EXPENDITURES FUND TOTAL	$0	($308,504)

Medical Care - Payments to Providers 0147

Initiative: Notwithstanding any other provisions of law, adjusts funding by increasing funding in the FHM - Medical Care program and decreasing funding in the Medical Care - Payments to Providers program to reflect a redistribution of funding within the Fund for a Healthy Maine.

GENERAL FUND	2011-12	2012-13
All Other	$0	($9,876,575)
GENERAL FUND TOTAL	$0	($9,876,575)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding from savings from limiting MaineCare reimbursement for methadone for the treatment of addiction to opioids to a lifetime maximum of 24 months except as permitted with prior authorization beyond 24 months.

GENERAL FUND	2011-12	2012-13
All Other	$0	($730,977)
GENERAL FUND TOTAL	$0	($730,977)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($2,297,941)
FEDERAL EXPENDITURES FUND TOTAL	$0	($2,297,941)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding from savings from utilizing a crisis assessment in emergency departments and savings from initiatives related to institutes for mental disease and psychiatric units in private hospitals.

GENERAL FUND	2011-12	2012-13
All Other	$0	($397,500)
GENERAL FUND TOTAL	$0	($397,500)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($684,722)
FEDERAL EXPENDITURES FUND TOTAL	$0	($684,722)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by requiring hospital-based primary care practices that also provide mental health services to participate in the Maine Health Access Foundation’s integrated care initiative for outpatient mental health and primary care services effective July 1, 2012.

GENERAL FUND	2011-12	2012-13
All Other	$0	($1,500,000)
GENERAL FUND TOTAL	$0	($1,500,000)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($2,583,855)
FEDERAL EXPENDITURES FUND TOTAL	$0	($2,583,855)

Medical Care - Payments to Providers 0147

Initiative: Provides funding to offset the reduction made in PL 2011, c. 380, Part A that proposed to reduce reimbursement for outpatient substance abuse and mental health services to the MaineCare Benefits Manual, Chapter II, Section 65 rates.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,000,000
GENERAL FUND TOTAL	$0	$1,000,000

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$1,722,570
FEDERAL EXPENDITURES FUND TOTAL	$0	$1,722,570

Medical Care - Payments to Providers 0147

Initiative: Provides funds to serve individuals on the waiting list for services under the MaineCare Benefits Manual, Chapter II, Section 29, Support Benefits for Adults with Intellectual Disabilities or Autistic Disorder.

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$861,285
FEDERAL EXPENDITURES FUND TOTAL	$0	$861,285

Medical Care - Payments to Providers 0147

Initiative: Reduces funding from a reduction in MaineCare hospital crossover payments as a result of decreasing income eligibility levels for the Medicare savings program.

GENERAL FUND	2011-12	2012-13
All Other	$0	($1,663,554)
GENERAL FUND TOTAL	$0	($1,663,554)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($2,865,588)
FEDERAL EXPENDITURES FUND TOTAL	$0	($2,865,588)

Medical Care - Payments to Providers 0147

Initiative: Reduces funding from savings from implementing the recommendations of the MaineCare Redesign Task Force established in this Act.

GENERAL FUND	2011-12	2012-13
All Other	$0	($5,250,000)
GENERAL FUND TOTAL	$0	($5,250,000)

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($9,043,493)
FEDERAL EXPENDITURES FUND TOTAL	$0	($9,043,493)

MR/Elderly PNMI Room and Board Z009

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$8,210,778
GENERAL FUND TOTAL	$0	$8,210,778

Nursing Facilities 0148

Initiative: Provides funding in the MaineCare and MaineCare-related accounts necessary to make cycle payments through the remainder of the 2012-2013 biennium.

GENERAL FUND	2011-12	2012-13
All Other	$0	$7,036,142
GENERAL FUND TOTAL	$0	$7,036,142

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$11,852,830
FEDERAL EXPENDITURES FUND TOTAL	$0	$11,852,830

Nursing Facilities 0148

Initiative: Adjusts funding for Medicaid services as a result of the decrease in the Federal Medical Assistance Percentage.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,538,014
GENERAL FUND TOTAL	$0	$1,538,014

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($1,538,014)
FEDERAL EXPENDITURES FUND TOTAL	$0	($1,538,014)

Office of Elder Services Adult Protective Services Z040

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Elder and Adult Services and Office of Adults with Cognitive and Physical Disability Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	3.000
Personal Services	$0	$320,194
All Other	$0	$15,000
GENERAL FUND TOTAL	$0	$335,194

Purchased Social Services 0228

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
Personal Services	$0	$12,410
GENERAL FUND TOTAL	$0	$12,410

State-funded Foster Care/Adoption Assistance 0139

Initiative: Reduces funding by reducing contracts in the family reunification program.

GENERAL FUND	2011-12	2012-13
All Other	$0	($1,249,500)
GENERAL FUND TOTAL	$0	($1,249,500)

State-funded Foster Care/Adoption Assistance 0139

Initiative: Provides for the restructuring of the Department of Health and Human Services, Office of Child and Family Services.

GENERAL FUND	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(14.000)
Personal Services	$0	($1,173,774)
All Other	$0	$3,276,335
GENERAL FUND TOTAL	$0	$2,102,561

FEDERAL EXPENDITURES FUND	2011-12	2012-13
Personal Services	$0	$19,803
All Other	$0	$386,872
FEDERAL EXPENDITURES FUND TOTAL	$0	$406,675

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
Personal Services	$0	$205,995
All Other	$0	($5,652,788)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($5,446,793)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$28,706,608
FEDERAL EXPENDITURES FUND	$0	$73,479,559
FUND FOR A HEALTHY MAINE	$0	$678,801
OTHER SPECIAL REVENUE FUNDS	$0	$3,485,565
FEDERAL BLOCK GRANT FUND	$0	($99,178)
DEPARTMENT TOTAL - ALL FUNDS	$0	$106,251,355

INDIGENT LEGAL SERVICES, MAINE COMMISSION ON

Maine Commission on Indigent Legal Services Z112

Initiative: Provides funding for representation to indigent persons who are entitled to counsel.

GENERAL FUND	2011-12	2012-13
All Other	$0	$450,000
GENERAL FUND TOTAL	$0	$450,000

INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$450,000
DEPARTMENT TOTAL - ALL FUNDS	$0	$450,000

PUBLIC UTILITIES COMMISSION

Emergency Services Communication Bureau 0994

Initiative: Provides funding to cover costs incurred as a result of the need to operate 2 systems for a period of time as E-9-1-1 operations transition between them.

GENERAL FUND	2011-12	2012-13
All Other	$0	$3,785,230
GENERAL FUND TOTAL	$0	$3,785,230

PUBLIC UTILITIES COMMISSION
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$3,785,230
DEPARTMENT TOTAL - ALL FUNDS	$0	$3,785,230

SECTION TOTALS	2011-12	2012-13
GENERAL FUND	$0	$55,575,189
FEDERAL EXPENDITURES FUND	$0	$73,479,559
FUND FOR A HEALTHY MAINE	$0	$696,777
OTHER SPECIAL REVENUE FUNDS	$0	$3,260,353
FEDERAL BLOCK GRANT FUND	$0	($93,271)
SECTION TOTAL - ALL FUNDS	$0	$132,918,607

PART B

Sec. B-1. Transfer from available fiscal year 2012-13 Administrative Services - Professional and Financial Regulation, Other Special Revenue Funds balance to General Fund - Professional and Financial Regulation. Notwithstanding any other provision of law, at the close of fiscal year 2012-13, the State Controller shall transfer $1,500,000 from the available balance in the Administrative Services - Professional and Financial Regulation program, Other Special Revenue Funds account within the Department of Professional and Financial Regulation to the General Fund unappropriated surplus.

PART C

Sec. C-1. PL 2011, c. 380, Pt. QQ, §§1 and 3  are amended to read:

Sec. QQ-1. Transfer from unappropriated surplus at close of fiscal years 2011-12 and 2012-13. Notwithstanding any other provision of law, at the close of fiscal year 2011-12 and fiscal year 2012-13, the State Controller shall transfer up to $25,000,000 from the unappropriated surplus of the General Fund to the Department of Health and Human Services, Medical Care - Payments to Providers account in the General Fund after all required deductions of appropriations, budgeted financial commitments and adjustments considered necessary by the State Controller have been made and as the first priority after the transfers required pursuant to the Maine Revised Statutes, Title 5, sections 1507, 1511 and 1522 and before the transfers required pursuant to Title 5, section 1536.

Sec. QQ-3. Transfer considered adjustments to appropriations. Notwithstanding the Maine Revised Statutes, Title 5, section 1585 or any other provision of law, amounts transferred pursuant to this Part are considered adjustments to appropriations in fiscal year 2012-13 only. These funds may be allotted by financial order upon recommendation of the State Budget Officer and approval of the Governor.

Sec. C-2. Transfer of excess revenue from Oxford Casino. In fiscal year 2012-13 only, all funds credited pursuant to the Maine Revised Statutes, Title 8, section 1036, subsection 2-A, paragraph A and subsection 2-B, paragraph A to the Department of Education for essential programs and services for kindergarten to grade 12 under Title 20-A, chapter 606-B in excess of $10,607,813 must be transferred to the Department of Health and Human Services, Medical Care - Payments to Providers Other Special Revenue Funds account to be expended for hospital settlements.

PART D

Sec. D-1. Transfer from unappropriated surplus; Maine Budget Stabilization Fund. Notwithstanding any other provision of law, the State Controller shall transfer $13,000,000 during fiscal year 2012-13 from the General Fund unappropriated surplus to the Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, chapter 142.

Sec. D-2. Transfer for program funding shortfall. Prior to the close of fiscal year 2012-13, if the Commissioner of Health and Human Services and the Commissioner of Administrative and Financial Services determine that the Riverview Psychiatric Center program, General Fund account in the Department of Health and Human Services has insufficient resources as a result of a requirement to repay federal funds in that fiscal year, the commissioners may declare a budget emergency and the State Controller shall transfer from the available balance in the Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, chapter 142 to the Riverview Psychiatric Center program, General Fund account in the Department of Health and Human Services up to the amount of the resources necessary to repay the federal funds up to a maximum amount of $7,360,045. Amounts transferred may be expended based on allotment established by financial order approved by the Governor. The amounts transferred are considered adjustments to appropriations. The Governor shall inform the Legislative Council and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs immediately upon such a transfer from the Maine Budget Stabilization Fund.

Sec. D-3. Transfer for repayment of federal funds for ineligible MaineCare recipients. Prior to the close of fiscal year 2012-13, if the Commissioner of Health and Human Services and the Commissioner of Administrative and Financial Services determine that the State must reimburse the federal Centers for Medicare and Medicaid Services for costs resulting from the payment of Medicaid funds for ineligible MaineCare recipients for services provided from September 1, 2010 through December 28, 2011, the commissioners may declare a budget emergency and the State Controller shall transfer up to $3,791,770 from the available balance in the Maine Budget Stabilization Fund established in the Maine Revised Statutes, Title 5, chapter 142 to the Medical Care - Payments to Providers, Federal Expenditures Fund account within the Department of Health and Human Services for federal repayments related to the ineligible MaineCare recipients. Amounts transferred may be expended based on allotment established by financial order approved by the Governor. The Governor shall inform the Legislative Council and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs immediately upon such a transfer from the Maine Budget Stabilization Fund.

PART E

Sec. E-1. 8 MRSA §1036, sub-§2, ¶E,  as amended by PL 2011, c. 477, Pt. DD, §1, is further amended to read:

PART F

Sec. F-1. 5 MRSA §1511,  as amended by PL 2005, c. 519, Pt. VV, §2, is further amended to read:

§ 1511. Loan Insurance Reserve

The State Controller may, at the close of each fiscal year, as the next priority after the transfers authorized pursuant to section 1507, transfer from the Unappropriated Surplus of the General Fund to the Loan Insurance Reserve amounts as may be available from time to time, up to an amount of $1,000,000 per year after the transfers have been made pursuant to section 1507. The balance of this reserve must be paid to the Finance Authority of Maine if such payment does not cause the balance in the reserve fund maintained by the authority, when added to amounts held in the Finance Authority of Maine Mortgage Insurance Fund that are not committed or encumbered for another purpose, to exceed $35,000,000 $40,000,000. Any balance in the Loan Insurance Reserve is appropriated for this purpose.

Sec. F-2. PL 2011, c. 477, Pt. U, §1,  as amended by PL 2011, c. 575, Pt. B, §1, is further amended to read:

Sec. U-1. Payments to State from Loan Insurance Reserve Fund. Notwithstanding any other provision of law, the Finance Authority of Maine shall transfer $2,000,000 from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue no later than June 30, 2012 and an additional $1,000,000 $3,000,000 from the Loan Insurance Reserve Fund to the State as undedicated General Fund revenue no later than June 30, 2013.

PART G

Sec. G-1. Implementation of reductions in Fund for a Healthy Maine funding for community school grants. Notwithstanding any other provision of law, in implementing the reduction in Fund for a Healthy Maine funding in this Act for the FHM - Bureau of Health program, Community School Grants account, the Department of Health and Human Services may not reduce the number of Healthy Maine Partnerships coalitions established under the Maine Revised Statutes, Title 22, section 412, subsection 2 from the one tribal and 26 geographic comprehensive community health coalitions that are approved for funding for fiscal year 2012-13 as of May 1, 2012 and are in compliance with the terms of their contracts, except as provided in this section. If the department determines that fewer Healthy Maine Partnerships coalitions are required, the department must seek and receive approval of a majority of the members of the Statewide Coordinating Council for Public Health established under Title 5, section 12004-G, subsection 14-G for a reduction in the number of coalitions.

PART H

Sec. H-1. 22 MRSA §1714-D  is enacted to read:

§ 1714-D.  Critical access hospital reimbursement

Beginning April 1, 2012, the department shall reimburse licensed critical access hospitals at 109% of MaineCare allowable costs for both inpatient and outpatient services provided to patients covered by the MaineCare program. Of the total allocated from hospital tax revenues under Title 36, chapter 375, $1,000,000 in state and federal funds must be distributed annually among critical access hospitals for staff enhancement payments.

Sec. H-2. 22 MRSA §3174-NN,  as enacted by PL 2009, c. 213, Pt. CC, §5, is repealed.

Sec. H-3. 22 MRSA §3174-OO,  as enacted by PL 2009, c. 213, Pt. CC, §6, is repealed.

Sec. H-4. Rules for hospital reimbursement. By September 1, 2012, the Department of Health and Human Services shall adopt rules to implement hospital reimbursement under this Part. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

Sec. H-5. Retroactivity. This Part applies retroactively to April 1, 2012.

PART I

Sec. I-1. 5 MRSA §17001, sub-§19, ¶¶E and F,  as enacted by PL 1985, c. 801, §§5 and 7, are amended to read:

Sec. I-2. 5 MRSA §17001, sub-§19, ¶G  is enacted to read:

Sec. I-3. 5 MRSA §17001, sub-§30, ¶B,  as enacted by PL 1985, c. 801, §§5 and 7, is amended to read:

PART J

Sec. J-1. Development of proposed legislation for new retirement benefit plan for state employees and teachers. The Maine Public Employees Retirement System, referred to in this section as "the system," shall develop proposed legislation to implement the combination defined benefit and defined contribution retirement plan selected pursuant to Public Law 2011, chapter 380, Part U, and described in the "New Pension Plan Design and Implementation Plan" report dated March 2012 that was submitted to the Joint Standing Committee on Appropriations and Financial Affairs in accordance with Public Law 2011, chapter 380, Part U, section 2. The system may request assistance from the Legislative Council in drafting the legislation. No later than January 15, 2013, the system shall submit the proposed legislation to the joint standing committee of the Legislature having jurisdiction over state employee and teacher retirement matters. After receipt and review of the suggested legislation, the joint standing committee of the Legislature having jurisdiction over state employee and teacher retirement matters may submit a bill to the First Regular Session of the 126th Legislature to implement a new retirement plan.

Sec. J-2. Additional supporting work. Upon submission of the proposed legislation pursuant to section 1, the Maine Public Employees Retirement System, at the request of the joint standing committee of the Legislature having jurisdiction over state employee and teacher retirement matters, shall present sufficient details concerning each component of the proposed combination defined benefit and defined contribution retirement plan as necessary to build a benefit and cost structure, evaluate investment alternatives, implement a program for outreach to members, provide an estimate of associated administrative costs, evaluate legal considerations, including the form of plan documents, and address other policy considerations including costs.

Sec. J-3. Working group assistance. In order to provide assistance in preparing the proposed legislation pursuant to section 1 and the supporting details pursuant to section 2, the Executive Director of the Maine Public Employees Retirement System may convene a working group composed of the members of the working group that was established pursuant to Public Law 2011, chapter 380, Part U.

PART K

Sec. K-1. Transfer; unexpended funds; Ground Water Oil Clean-up Fund account. Notwithstanding any other provision of law, the State Controller shall transfer $250,000 in unexpended funds from the Ground Water Oil Clean-up Fund, Other Special Revenue Funds account in the Department of Environmental Protection to General Fund unappropriated surplus at the close of fiscal year 2012-13.

PART L

Sec. L-1. Emergency rule-making authority; health and human services matters. The Department of Health and Human Services is authorized to adopt emergency rules on or before June 30, 2013 under the Maine Revised Statutes, Title 5, sections 8054 and 8073 in order to implement those provisions of this Act over which the department has subject matter jurisdiction for which specific authority has not been provided in any other part of this Act. Notwithstanding Title 5, section 8054, subsections 1 and 2, the Department of Health and Human Services is not required to find that immediate adoption is necessary to avoid a threat to public health, safety or general welfare.

PART M

Sec. M-1. 36 MRSA §5122, sub-§2, ¶LL  is enacted to read:

Sec. M-2. Application. This Part applies to tax years beginning on or after January 1, 2014.

PART N

Sec. N-1. 36 MRSA §1760, sub-§7-B,  as amended by PL 2009, c. 422, §1, is further amended to read:

Sec. N-2. 36 MRSA §2013,  as amended by PL 2011, c. 285, §8 and affected by §15 and amended by c. 380, Pt. EEEE, §§1 and 2 and affected by §3, is further amended to read:

§ 2013. Refund of sales tax on depreciable machinery and equipment purchases

Sec. N-3. Application. Those sections of this Part that amend the Maine Revised Statutes, Title 36, section 1760, subsection 7-B and section 2013 apply to purchases made on or after July 1, 2013.

PART O

Sec. O-1. 22 MRSA §3174-TT,  as enacted by PL 2011, c. 477, Pt. O, §1, is repealed.

§ 3174-TT.  Limitation on reimbursement for opioids

Sec. O-2. 22 MRSA §3174-UU  is enacted to read:

§ 3174-UU.  Reimbursement for opioid drugs for the treatment of pain

This section applies to reimbursement under the MaineCare program for opioid drugs for the treatment of pain.

Sec. O-3. 22 MRSA §7250, sub-§4, ¶G,  as amended by PL 2011, c. 218, §2, is further amended to read:

Sec. O-4. 22 MRSA §7250, sub-§6  is enacted to read:

PART P

Sec. P-1. 36 MRSA §5219-HH, sub-§1, ¶J,  as enacted by PL 2011, c. 548, §33 is amended to read:

PART Q

Sec. Q-1. 36 MRSA c. 914-D  is enacted to read:

CHAPTER 914-D

2012 MAINE USE TAX COMPLIANCE PROGRAM

§ 6611.  Program established

The 2012 Maine Use Tax Compliance Program, referred to in this chapter as "the program," is established to encourage delinquent taxpayers to comply with the provisions of chapter 215, to enable the State Tax Assessor to identify and collect previously unreported use tax and to improve compliance with the State's use tax laws. The program applies to use tax liabilities incurred by a person prior to January 1, 2012.

§ 6612.  Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

§ 6613.  Administration; conditions for participation

The State Tax Assessor shall administer the program. Participation in the program is conditioned upon each participating taxpayer's agreement to forgo the right to protest or pursue an administrative or judicial proceeding with regard to use taxes paid under the program. A participating taxpayer that timely submits the special use tax return as required by subsection 2 with no material misrepresentations or material omissions and that timely makes the use tax payment or payments required by subsection 3 is absolved from further liability for use taxes incurred prior to January 1, 2012 and is also absolved from liability for criminal prosecution and civil penalties related to those taxes. The following conditions apply to the program.

§ 6614.  Program return

The State Tax Assessor shall prepare and make available special use tax returns for taxpayers who wish to participate in the program. The return must be signed by the taxpayer under penalty of perjury. The return and associated program guidelines prepared by the assessor are not rules within the meaning of that term in the Maine Administrative Procedure Act. The assessor shall deny any special use tax return that is inconsistent with the provisions of this chapter or that is filed after the conclusion of the program period.

§ 6615.  Undisclosed and future use tax liabilities; other settlements

This chapter may not be construed to prohibit the State Tax Assessor from instituting civil or criminal proceedings, including but not limited to an audit, against any taxpayer with respect to any amount of use tax incurred during or after the lookback period that is not disclosed on either the special use tax return filed by the taxpayer in connection with the program or another return filed by the taxpayer with the assessor. This chapter may not be construed to limit a taxpayer's right to protest or pursue an administrative or judicial proceeding with regard to an assessment of such undisclosed taxes. Notwithstanding any other provision of law, the assessor may, prior to October 1, 2012, compromise an unknown use tax liability on terms substantially equal to the terms set forth in this chapter, and in such a case the taxpayer is absolved from liability for criminal prosecution and civil penalties related to those taxes.

PART R

Sec. R-1. 36 MRSA §5122, sub-§2, ¶M,  as amended by PL 2005, c. 218, §53, is further amended to read:

Sec. R-2. 36 MRSA §5122, sub-§2, ¶M-1  is enacted to read:

Sec. R-3. Application. That section of this Part that enacts the Maine Revised Statutes, Title 36, section 5122, subsection 2, paragraph M-1 applies to tax years beginning on or after January 1, 2014.

PART S

Sec. S-1. 22 MRSA §3174-UU  is enacted to read:

§ 3174-UU.  Methadone reimbursement limitations

Effective January 1, 2013, reimbursement under the MaineCare program for methadone for the treatment of addiction to opiates as defined in Title 17-A, section 1101, subsection 7 is limited to a lifetime maximum of 24 months, except that reimbursement may be provided for longer than 24 months if prior authorization is received from the department.

The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Prior to adopting rules under this section, the department shall seek input from stakeholders and experts in the field of substance abuse addiction and recovery, including, but not limited to, representatives of the Office of Substance Abuse and individuals with expertise in medication-assisted treatment.

PART T

Sec. T-1. MaineCare Redesign Task Force established. The Commissioner of Health and Human Services shall establish the MaineCare Redesign Task Force, referred to in this Part as "the task force," to provide detailed information that will enable the Legislature to redesign the MaineCare program in a manner that will maintain high-quality, cost-effective services to populations in need of health coverage, comply with the requirements of the federal Patient Protection and Affordable Care Act of 2010 for state Medicaid programs and realize General Fund savings in fiscal year 2012-13 of $5,250,000.

Sec. T-2. Task force membership. Notwithstanding Joint Rule 353, the task force consists of the Commissioner of Health and Human Services or the commissioner's designee, who serves as chair of the task force, and the following 8 members who are appointed by the commissioner:

1. Two members of the MaineCare Advisory Committee, established pursuant to rule of the Department of Health and Human Services, who represent MaineCare members;

2. Two members of the MaineCare Advisory Committee, established pursuant to rule of the Department of Health and Human Services, who represent providers of MaineCare services;

3. One member of the public who has expertise in public health care policy;

4. One member of the public who has expertise in public health care financing;

5. One member of the public who has expertise in state fiscal policy; and

6. One member of the public who has expertise in economic policy.

Sec. T-3. Convening of task force. The task force shall convene no later than September 1, 2012.

Sec. T-4. Duties. The task force shall undertake a comprehensive review of the MaineCare program established pursuant to the Maine Revised Statutes, Title 22, chapter 855. The task force shall report on the following issues with regard to the MaineCare program:

1. Current eligibility levels, options for eligibility levels and changes to eligibility levels, including any changes that will be required pursuant to the federal Patient Protection and Affordable Care Act of 2010;

2. Current benefits, options for benefits and any changes to benefits, including any changes that will be required pursuant to the federal Patient Protection and Affordable Care Act of 2010;

3. Current premiums, cost-sharing and participation requirements, options for premiums, cost-sharing and participation requirements and any changes to premiums, cost-sharing and participation requirements, including any changes that will be required pursuant to the federal Patient Protection and Affordable Care Act of 2010;

4. The current fiscal status of the MaineCare program, including an analysis of MaineCare spending for the most recent 4 fiscal years and for the current biennium, with spending analysis detail provided by provider type, by eligibility level and by funding source;

5. Current management and administrative strategies and options for management and administrative strategies, including managed care, management of high-cost care and high-cost utilization, prior authorization, accountable care organizations, value-based purchasing and contracted and in-house administrative services;

6. A review of initiatives being used in other states' Medicaid programs to deliver high-quality services in a manner that is fiscally sustainable and cost-effective; and

7. Recommendations for redesign of the MaineCare program to achieve General Fund savings of $5,250,000 during fiscal year 2012-13 and annually thereafter, including detailed information on any required state plan amendments, applications and amendments to Medicaid waivers and amendments to state law and rule that would be required to implement the redesign and achieve the savings. The recommendations must include draft amendments to state law and rule to implement the redesign of MaineCare.

Sec. T-5. Staffing; consultant services. The Department of Health and Human Services shall provide necessary staffing services to the task force from its personnel. The department may contract for staffing services to supplement the work of departmental personnel. The department shall contract for professional services to research and prepare all necessary Medicaid state plan amendments and waiver applications and amendments that will be required to implement the redesign of MaineCare under section 4 once the redesign is approved by the Legislature under section 7. The contract for professional services must include, after action on the recommendations by the Legislature, final preparation, submission and services necessary to the approval process of all Medicaid state plan amendments and waiver application and amendments.

Sec. T-6. Report. The task force shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over health and human services matters as follows.

1. By November 15, 2012, the task force shall report on issues detailed in section 4.

2. By January 1, 2013 and by the first of each month thereafter until final federal action has been completed, the task force shall file information regarding progress in the preparation of the Medicaid state plan amendments and waiver applications and amendments.

Sec. T-7. Implementation; achievement of savings. If, after receipt of the recommendations presented by the task force pursuant to section 6, subsection 1, the Legislature fails to enact legislation in the First Regular Session of the 126th Legislature that achieves $5,250,000 in General Fund savings in fiscal year 2012-13, the Commissioner of Health and Human Services shall make recommendations to the Governor regarding the achievement of the balance of these savings through the use of the temporary curtailment of allotment power specified in the Maine Revised Statutes, Title 5, section 1668, and the Governor is authorized to achieve those savings using that power.

PART U

Sec. U-1. Department of Health and Human Services; MaineCare development of a global waiver. The Department of Health and Human Services shall develop a global Medicaid waiver in accordance with Section 1115 of the United States Social Security Act, 42 United States Code, Section 1315, to supersede all existing MaineCare waivers, the intent of which is to allow the State greater flexibility to manage programs more efficiently, to cap total MaineCare spending, to implement effective member cost sharing and to use innovative payment reform opportunities to support high-quality, efficient health care delivery.

Sec. U-2. Legislative review of the Medicaid global waiver. By October 1, 2012, the Commissioner of Health and Human Services shall submit the proposed Medicaid global waiver prepared pursuant to section 1 of this Part for review to the Joint Standing Committee on Appropriations and Financial Affairs and the Joint Standing Committee on Health and Human Services.

Sec. U-3. Submission of a resolve to the 126th Legislature. By January 15, 2013, the Commissioner of Health and Human Services shall submit a resolve containing the proposed Medicaid global waiver prepared under this Part for approval by the 126th Legislature.

PART V

Sec. V-1. 7-A MRSA  is enacted to read:

TITLE 7-A

AGRICULTURE, CONSERVATION AND FORESTRY

SUBTITLE 1

DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY

CHAPTER 1

DEPARTMENTAL ORGANIZATION AND OPERATION

SUBCHAPTER 1

GENERAL PROVISIONS

§ 101.  Definitions

As used in this Title, unless the context otherwise indicates, the following terms have the following meanings.

SUBCHAPTER 2

ORGANIZATION

§ 201.  Department

§ 202.  Mission; guiding principles

§ 203.  Commissioner

The department is under the control and supervision of the Commissioner of Agriculture, Conservation and Forestry, who reports directly to the Governor.

§ 204.  Powers and duties of commissioner

The commissioner has all of the powers and duties necessary to carry out the mission and responsibilities of the department. The commissioner has the power to distribute the functions and duties given to the commissioner under this Title, Title 7 and Title 12 among the various divisions of the department so as to integrate the work properly and to promote the most economical and efficient administration of the department. Powers and duties given to the commissioner or the department in this Title, Title 7 or Title 12 must be assumed and carried out by the divisions that the commissioner designates and may in turn be delegated to subordinates by division directors with the approval of the commissioner.

§ 205.  Department organization; divisions

The department is composed of the following divisions, each of which is under the direction and supervision of a director:

Sec. V-2. Legislative intent; contingent repeal. It is the intent of the Legislature that a bill submitted pursuant to Part W, section 4 that consolidates the Maine Revised Statutes, Title 7 and portions of Title 12 into Title 7-A be enacted into law by the 126th Legislature. If a bill submitted pursuant to Part W, section 4 has not been enacted into law by December 3, 2014, Title 7-A is repealed on that date.

Sec. V-3. Contingent revision clause. This section takes effect if the Maine Revised Statutes, Title 7-A is repealed pursuant to section 2.

1. Wherever in the Maine Revised Statutes, Title 7, the words "Department of Agriculture, Conservation and Forestry" appear or reference is made to that department, they are amended to read or mean, as appropriate, "Department of Agriculture, Food and Rural Resources." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

2. Wherever in the Maine Revised Statutes, Title 12, the words "Department of Agriculture, Conservation and Forestry" appear or reference is made to that department, they are amended to read or mean, as appropriate, "Department of Conservation." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

3. Wherever in the Maine Revised Statutes, Title 7, the words "Commissioner of Agriculture, Conservation and Forestry" appear or reference is made to that position, they are amended to read or mean, as appropriate, "Commissioner of Agriculture, Food and Rural Resources." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

4. Wherever in the Maine Revised Statutes, Title 12, the words "Commissioner of Agriculture, Conservation and Forestry" appear or reference is made to that position, they are amended to read or mean, as appropriate, "Commissioner of Conservation." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

PART W

Sec. W-1. Transition. Notwithstanding the Maine Revised Statutes, Title 7 and Title 12, the following provisions apply to the reassignment of the duties and responsibilities of the Department of Agriculture, Food and Rural Resources and the Department of Conservation to the Department of Agriculture, Conservation and Forestry.

1. The Department of Agriculture, Food and Rural Resources and the Department of Conservation as heretofore created and established by law are incorporated into the Department of Agriculture, Conservation and Forestry. All references to, responsibilities of and authority conferred upon the Department of Agriculture, Food and Rural Resources and the Department of Conservation, and those departments' predecessors, throughout the Maine Revised Statutes are deemed to refer to and vest in the Department of Agriculture, Conservation and Forestry created by this Act, as the successor department. The Department of Agriculture, Conservation and Forestry is the successor in every way to the powers, duties and functions as assigned in the Maine Revised Statutes, Title 7 to the Department of Agriculture, Food and Rural Resources and Title 12 to the Department of Conservation, as they pertain to services provided in agriculture, conservation and forestry under this Act.

2. Notwithstanding the provisions of the Maine Revised Statutes, Title 5, all accrued expenditures, assets, liabilities, balances of appropriations, allocations, transfers, revenues and other available funds in an account or subdivision of an account of the Department of Agriculture, Food and Rural Resources and the Department of Conservation that pertain to the duties of the Department of Agriculture, Conservation and Forestry as set forth in this Act must be transferred to the proper accounts of the Department of Agriculture, Conservation and Forestry by the State Controller or by financial order upon the request of the State Budget Officer and with the approval of the Governor.

3. All rules of the Department of Agriculture, Food and Rural Resources and the Department of Conservation, as they pertain to the duties of the Department of Agriculture, Conservation and Forestry as set forth in this Act, that are in effect on the effective date of this Act remain in effect until rescinded, revised or amended.

4. All contracts, agreements and compacts of the Department of Agriculture, Food and Rural Resources and the Department of Conservation, as they pertain to the duties set forth in this Act, that are in effect on the effective date of this Act remain in effect until they expire or are altered by the parties involved in the contracts, agreements or compacts. The Department of Agriculture, Conservation and Forestry is the successor agency for all federal grants and programs administered by the United States Department of Agriculture and any other federal programs, grants and contracts.

5. All records of the Department of Agriculture, Food and Rural Resources and the Department of Conservation, as they pertain to the duties set forth in this Act, must be transferred to the Department of Agriculture, Conservation and Forestry as necessary to implement this Act.

6. All property and equipment of any bureau, division or program of the Department of Agriculture, Food and Rural Resources and the Department of Conservation pertaining to the duties set forth in this Act are transferred to the Department of Agriculture, Conservation and Forestry as necessary to implement this Act.

7. Notwithstanding the Maine Revised Statutes, Title 7-A, section 203 or any other provision of law, upon the effective date of this Act, the individual holding the position of Commissioner of Agriculture, Food and Rural Resources becomes the Commissioner of Agriculture, Conservation and Forestry without the need of appointment or confirmation. The Commissioner of Agriculture, Conservation and Forestry shall assume and is vested with all of the duties and powers of that office, as well as the duties and powers of the office of the Commissioner of Agriculture, Food and Rural Resources and the office of the Commissioner of Conservation. This provision is intended to change the procedure for appointment and confirmation of the first Commissioner of Agriculture, Conservation and Forestry.

8. Employees of the Department of Agriculture, Conservation and Forestry who were employees of the Department of Agriculture, Food and Rural Resources and the Department of Conservation immediately prior to the effective date of this Act retain all their employee rights, privileges and benefits, including sick leave, vacation and seniority, provided under the Civil Service Law or collective bargaining agreements. The Department of Administrative and Financial Services, Bureau of Human Resources shall provide assistance to the affected departments and shall assist with the orderly implementation of this subsection.

Sec. W-2. Conflicts and inconsistencies. If the Commissioner of Agriculture, Conservation and Forestry finds a conflict or inconsistency between provisions in the Maine Revised Statutes, Title 7 and Title 12 or rules adopted under those titles, the commissioner shall attempt to resolve that conflict or inconsistency by interpreting the laws or rules together to give effect to the intent of the Legislature or agency, as the case may be. If the commissioner determines rulemaking is required to resolve a conflict or inconsistency, the commissioner may adopt rules as authorized under Title 7-A, section 204, subsection 2. In adopting rules under this section, the commissioner has sole discretion to determine whether an emergency exists. The commissioner shall notify the members of the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters prior to adopting any emergency rule under this section.

Sec. W-3. Interim meetings; authorized. The joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters is authorized to meet up to 6 times during the 2012 legislative interim to hear and discuss reports regarding planning, program operation and implementation issues related to the establishment of the Department of Agriculture, Conservation and Forestry. At these meetings, the Commissioner of Agriculture, Conservation and Forestry shall brief the committee on program operation issues, progress, challenges and the timeline for implementation. The committee shall provide opportunities for stakeholders to communicate with the committee.

Sec. W-4. Legislation; review. Following the development of a department budget pursuant to section 9, the Department of Agriculture, Conservation and Forestry shall review those provisions of the Maine Revised Statutes governing the Department of Agriculture, Conservation and Forestry, including but not limited to the Maine Revised Statutes, Titles 7, 7-A and 12. Based upon the review, the department, working with the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters, shall develop and submit a bill for introduction to the 126th Legislature to consolidate existing law into Title 7-A, to update Title 7-A and to correct any errors and inconsistencies in law that result from this Part.

Sec. W-5. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Department of Agriculture, Food and Rural Resources" or "Department of Conservation" appear or reference is made to either or both of those departments with reference to the duties transferred to the Department of Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read or mean, as appropriate, "Department of Agriculture, Conservation and Forestry." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. W-6. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Commissioner of Agriculture, Food and Rural Resources" or "Commissioner of Conservation" appear or reference is made to either or both of these positions with reference to the duties transferred to the Commissioner of Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read or mean, as appropriate, "Commissioner of Agriculture, Conservation and Forestry." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. W-7. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Bureau of Forestry," "Bureau of Parks and Lands" or "Bureau of Geology and Natural Areas" appear or reference is made to any of these bureaus with reference to the duties transferred to the Department of Agriculture, Conservation and Forestry as set forth in this Act, they are amended to read or mean, as appropriate, "Division of Forestry," "Division of Parks and Public Lands," "Division of Geology and Natural Areas" or "the division." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. W-8. Maine Revised Statutes amended; revision clause. Wherever in the Maine Revised Statutes the words "Division of Forest Protection" appear or reference is made to the Division of Forest Protection, they are amended to read or mean "the forest protection unit within the Department of Agriculture, Conservation and Forestry." The Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

Sec. W-9. Budget. The Department of Administrative and Financial Services, Bureau of the Budget shall work with the employees of the Department of Agriculture, Food and Rural Resources and the Department of Conservation with regard to the duties transferred to the Department of Agriculture, Conservation and Forestry as set forth in this Act to develop the budget for the Department of Agriculture, Conservation and Forestry in conjunction with the Natural Resources Service Center of the Department of Administrative and Financial Services.

Sec. W-10. Federal approval. If the Commissioner of Agriculture, Conservation and Forestry determines that federal approval will not be obtained for any part of this Part that requires federal approval, the commissioner shall notify the joint standing committee of the Legislature having jurisdiction over agriculture, conservation and forestry matters, the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the Executive Director of the Legislative Council.

Sec. W-11. Functions and duties; rules, guidelines, policies and manuals. Notwithstanding any provision of law to the contrary, the divisions established within the Department of Agriculture, Conservation and Forestry pursuant to the Maine Revised Statutes, Title 7-A, section 205 shall assume the functions and the duties of the bureaus, divisions and offices within the former Department of Agriculture, Food and Rural Resources and the former Department of Conservation in accordance with all rules, guidelines, policies, manuals and similar documents adopted by or distributed by either the former Department of Agriculture, Food and Rural Resources or the former Department of Conservation that are in effect on the effective date of this Act. These rules, guidelines, policies, manuals and similar documents remain in effect until rescinded, revised or amended, without regard to references therein to departmental offices, bureaus, divisions, units or employee titles or classifications that may no longer exist or that may be changed in the future.

PART X

Sec. X-1. 5 MRSA §7-B,  as amended by PL 2003, c. 688, Pt. A, §1, is further amended to read:

§ 7-B. Use of state vehicles for commuting

A state-owned or state-leased vehicle may not be used by any employee to commute between home and work, except for those vehicles authorized and assigned to employees of the Baxter State Park Authority and to law enforcement officials within the following organizational units: Bureau of State Police; Maine Drug Enforcement Agency; Office of the State Fire Marshal; the division within the Department of Public Safety designated by the Commissioner of Public Safety to enforce the law relating to the manufacture, importation, storage, transportation and sale of all liquor and to administer those laws relating to licensing and collection of taxes on malt liquor and wine; Bureau of Motor Vehicles; Bureau of Marine Patrol; Bureau of Forestry, Division of Forest Protection the forest protection unit within the Division of Forestry; Bureau of Warden Service; and Bureau of Parks and Lands Division of Parks and Public Lands.

Sec. X-2. 5 MRSA §1582, sub-§4,  as amended by PL 2011, c. 1, Pt. S, §1, is further amended to read:

Sec. X-3. 5 MRSA §6204, sub-§1,  as amended by PL 2011, c. 655, Pt. II, §1, is further amended to read:

Sec. X-4. 5 MRSA §6204, sub-§6,  as amended by PL 2011, c. 655, Pt. II, §2, is further amended to read:

Sec. X-5. 12 MRSA §8003, sub-§3, ¶M,  as amended by PL 1999, c. 155, Pt. A, §2, is further amended to read:

Sec. X-6. 12 MRSA §8003, sub-§3, ¶M-1,  as amended by PL 1999, c. 155, Pt. A, §3, is further amended to read:

Sec. X-7. 12 MRSA §8901, sub-§1,  as amended by PL 1999, c. 155, Pt. A, §4, is further amended to read:

Sec. X-8. 38 MRSA §1871, sub-§1,  as enacted by PL 2001, c. 434, Pt. B, §2 and amended by PL 2003, c. 689, Pt. B, §7, is further amended to read:

PART Y

Sec. Y-1. 2 MRSA §6, sub-§1,  as repealed and replaced by PL 2005, c. 397, Pt. A, §1, is amended to read:

Sec. Y-2. 2 MRSA §6, sub-§3,  as amended by PL 2011, c. 655, Pt. I, §2 and Pt. CC, §1 and affected by Pt. I, §11 and Pt. CC, §4, is further amended to read:

Sec. Y-3. 2 MRSA §6, sub-§5,  as amended by PL 2011, c. 655, Pt. KK, §2 and affected by §34, is further amended to read:

PART Z

Sec. Z-1. 22 MRSA §3174-G, sub-§1, ¶E,  as amended by PL 2011, c. 477, Pt. Z, §1, is further amended to read:

Sec. Z-2. Contingent effective date. This Part takes effect only if:

1. The Commissioner of Health and Human Services receives written approval of the application for a waiver of the maintenance of effort requirements of the federal Patient Protection and Affordable Care Act for the changes in section 1 from the federal Centers for Medicare and Medicaid Services or the commissioner receives written notification from the Centers for Medicare and Medicaid Services that such a waiver is not necessary; and

2. The Commissioner of Health and Human Services notifies the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that written approval of the application for a waiver or written notification that such a waiver is not necessary has been received.

PART AA

Sec. AA-1. 3 MRSA §959, sub-§1, ¶F,  as amended by PL 2007, c. 356, §1 and affected by c. 695, Pt. D, §3, is further amended to read:

Sec. AA-2. 4 MRSA §422, sub-§2, ¶A,  as enacted by PL 1999, c. 780, §1 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AA-3. 5 MRSA §939-A,  as enacted by PL 1993, c. 410, Pt. LL, §1, is repealed.

Sec. AA-4. 5 MRSA §19202, sub-§2-B, ¶A,  as enacted by PL 2009, c. 203, §4 and affected by §8, is amended to read:

Sec. AA-5. 5 MRSA §20002, sub-§§2 and 3,  as amended by PL 2007, c. 116, §1, are further amended to read:

Sec. AA-6. 5 MRSA §20002, sub-§4,  as enacted by PL 2007, c. 116, §1, is amended to read:

Sec. AA-7. 5 MRSA §20003, sub-§2,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

Sec. AA-8. 5 MRSA §20003, sub-§3,  as amended by PL 1991, c. 850, §2, is further amended to read:

Sec. AA-9. 5 MRSA §20003, sub-§3-B,  as enacted by PL 1995, c. 560, Pt. L, §2 and affected by §16 and amended by PL 2001, c. 354, §3, is further amended to read:

Sec. AA-10. 5 MRSA §20003, sub-§6,  as amended by PL 1991, c. 601, §4, is further amended to read:

Sec. AA-11. 5 MRSA §20003, sub-§8,  as enacted by PL 1989, c. 934, Pt. A, §3, is repealed.

Sec. AA-12. 5 MRSA §20003, sub-§17,  as enacted by PL 1989, c. 934, Pt. A, §3, is repealed.

Sec. AA-13. 5 MRSA §20003, sub-§20,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

Sec. AA-14. 5 MRSA §20004,  as repealed and replaced by PL 1995, c. 560, Pt. L, §3 and affected by §16 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. AA-15. 5 MRSA §20004-A,  as enacted by PL 1993, c. 410, Pt. LL, §6, is amended to read:

§ 20004-A. Departments and agencies responsible for cooperation in implementation

All departments and agencies in State Government are required to cooperate with the office department in its implementation and administration of this chapter.

Sec. AA-16. 5 MRSA §20005, first ¶,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

The office department shall:

Sec. AA-17. 5 MRSA §20005, sub-§2,  as amended by PL 1991, c. 601, §6, is further amended to read:

Sec. AA-18. 5 MRSA §20005, sub-§5,  as amended by PL 1995, c. 560, Pt. L, §4 and affected by §16, is further amended to read:

Sec. AA-19. 5 MRSA §20005, sub-§6,  as amended by PL 2011, c. 542, Pt. A, §6, is further amended to read:

Sec. AA-20. 5 MRSA §20005, sub-§12,  as amended by PL 1991, c. 601, §6, is further amended to read:

Sec. AA-21. 5 MRSA §20005, sub-§14,  as enacted by PL 1993, c. 410, Pt. LL, §10, is amended to read:

Sec. AA-22. 5 MRSA §20005, sub-§16,  as enacted by PL 1993, c. 410, Pt. LL, §10, is amended to read:

Sec. AA-23. 5 MRSA §20006-A,  as amended by PL 2007, c. 539, Pt. N, §7, is further amended to read:

§ 20006-A. Commissioner duties

The director commissioner or the commissioner's designee shall:

Sec. AA-24. 5 MRSA §20006-B,  as enacted by PL 2009, c. 622, §1, is amended to read:

§ 20006-B. Gambling Addiction Prevention and Treatment Fund

Sec. AA-25. 5 MRSA §20007,  as amended by PL 1995, c. 165, §1, is further amended to read:

§ 20007. Agency cooperation

State agencies shall cooperate fully with the office and council department in carrying out this chapter. A state agency may not develop, establish, conduct or administer any alcohol or drug abuse prevention or treatment program without the approval of the office department. The office department may request personnel, facilities and data from other agencies as the director commissioner finds necessary to fulfill the purposes of this Act.

Sec. AA-26. 5 MRSA §20008, first ¶,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

The office department shall establish and provide for the implementation of a comprehensive and coordinated program of alcohol and drug abuse prevention and treatment in accordance with subchapters II 2 and III 3 and the purposes of this Act. The program must include the following elements.

Sec. AA-27. 5 MRSA §20008, sub-§3,  as amended by PL 1991, c. 601, §10, is further amended to read:

Sec. AA-28. 5 MRSA §20008, sub-§4,  as enacted by PL 1991, c. 601, §11, is amended to read:

Sec. AA-29. 5 MRSA §20009, first ¶,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

The office department shall plan alcohol and drug abuse prevention and treatment activities in the State and prepare and submit to the Legislature the following documents:

Sec. AA-30. 5 MRSA §20021,  as amended by PL 1991, c. 601, §14, is further amended to read:

§ 20021. Public awareness

The office department shall create and maintain a program to increase public awareness of the impacts and prevalence of alcohol and drug abuse. The public awareness program must include promotional and technical assistance to local governments, schools and public and private nonprofit organizations interested in alcohol and drug abuse prevention.

Sec. AA-31. 5 MRSA §20022, first ¶,  as amended by PL 1991, c. 601, §15, is further amended to read:

As part of its comprehensive prevention and treatment program, the office department shall operate an information clearinghouse and oversee, support and coordinate a resource center within the Department of Education. The information clearinghouse and resource center constitute a comprehensive reference center of information related to the nature, prevention and treatment of alcohol and other drug abuse. In fulfillment of the requirement of this section, the resource center may be located within the Department of Education and may operate there pursuant to a memorandum of agreement between the office and the department departments. Information must be available for use by the general public, political subdivisions, public and private nonprofit agencies and the State.

Sec. AA-32. 5 MRSA §20023,  as amended by PL 1991, c. 601, §§16 and 17, is further amended to read:

§ 20023. Education

To the fullest extent possible, the Commissioner of Education shall coordinate all elementary and secondary school alcohol and drug abuse education programs administered by the Department of Education and funded under the federal Drug-Free Schools and Communities Act of 1986 with programs administered by the office Department of Health and Human Services. The Commissioner of Education shall participate in planning, budgeting and evaluation of alcohol and other drug abuse programs, in cooperation with the Substance Abuse Advisory Group, and ensure that alcohol and drug abuse education programs administered by the Department of Education that involve any community participation are coordinated with available treatment services.

The Commissioner of Education, in cooperation with the Substance Abuse Advisory Group, shall prepare a plan to ensure the coordination and consolidation of alcohol and other drug abuse education programs and must present the plan to the director by January 1, 1992. The plan must be consistent with requirements of the federal Drug-Free Schools and Communities Act of 1986 and this chapter.

Nothing in this section interferes with the authority of the Department of Education to receive and allocate federal funds under the federal Drug-Free Schools and Communities Act of 1986.

Sec. AA-33. 5 MRSA §20024,  as amended by PL 2011, c. 145, §1, is further amended to read:

§ 20024. Licensing

The office department shall periodically enter, inspect and examine a treatment facility or program and examine its books, programs, standards, policies and accounts. This examination process must include a review of the requirements to be a community-based service provider pursuant to subchapter V 5. The office department shall fix and collect the fees for the inspection and certification and shall maintain a list of approved public and private treatment facilities.

Upon request by the office department, each approved public and private treatment facility must provide data, statistics, schedules and information that the office department reasonably requires. The director commissioner may remove a facility that fails to provide such information from the list of approved facilities.

An approved public or private treatment facility may not refuse inspection or examination by the office department under this section.

Procedures to decertify any facility or to refuse certification are governed by the Maine Administrative Procedure Act.

A treatment facility or program that receives and maintains accreditation from a national accrediting body approved by the department must be deemed in compliance with comparable state licensing rules upon its submission to the department of written evidence of compliance including, but not limited to, national accreditation approval, reports, findings and responses. The department may review compliance under this paragraph in response to a complaint against the facility or program.

Sec. AA-34. 5 MRSA §20041, sub-§1,  as amended by PL 1991, c. 601, §20, is further amended to read:

Sec. AA-35. 5 MRSA §20042,  as amended by PL 1991, c. 601, §20, is further amended to read:

§ 20042. Standards

The office department shall contract for treatment services only with approved treatment facilities.

Sec. AA-36. 5 MRSA §20043, first ¶,  as amended by PL 1991, c. 601, §20, is further amended to read:

The office department shall adopt rules for acceptance of persons into a treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics, drug abusers, drug addicts and drug-dependent persons.

Sec. AA-37. 5 MRSA §20043, 2nd ¶,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

In establishing rules, the office department must be guided by the following standards.

Sec. AA-38. 5 MRSA §20043, sub-§6,  as amended by PL 1991, c. 601, §20, is further amended to read:

Sec. AA-39. 5 MRSA §20044, sub-§2,  as amended by PL 1991, c. 601, §20, is further amended to read:

Sec. AA-40. 5 MRSA §20047, sub-§2,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

Sec. AA-41. 5 MRSA §20048,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

§ 20048. Visitation and communication of patients

Sec. AA-42. 5 MRSA §20050, sub-§3,  as enacted by PL 1989, c. 934, Pt. A, §3, is amended to read:

Sec. AA-43. 5 MRSA §20065, sub-§8,  as amended by PL 1995, c. 560, Pt. L, §9 and affected by §16, is further amended to read:

Sec. AA-44. 5 MRSA §20067, first ¶,  as enacted by PL 1993, c. 410, Pt. LL, §12, is amended to read:

The commission, in cooperation with the office department, has the following duties.

Sec. AA-45. 5 MRSA §20067, sub-§1-A,  as enacted by PL 1995, c. 560, Pt. L, §11 and affected by §16, is amended to read:

Sec. AA-46. 5 MRSA §20067, sub-§3,  as enacted by PL 1993, c. 410, Pt. LL, §12, is amended to read:

Sec. AA-47. 5 MRSA §20072, first ¶,  as amended by PL 1995, c. 560, Pt. L, §12 and affected by §16, is further amended to read:

The Driver Education and Evaluation Programs are established in the office department. The Driver Education and Evaluation Programs shall administer the alcohol and other drug education, evaluation and treatment programs as provided in this chapter. The office department shall certify to the Secretary of State:

Sec. AA-48. 5 MRSA §20073-B,  as enacted by PL 1999, c. 448, §6, is amended to read:

§ 20073-B. Programs and components; rules

The office department shall design programs and components that are age-appropriate and therapeutically appropriate. The office department shall adopt rules regarding requirements for these programs and components and any other rules necessary to implement this subchapter. Rules adopted pursuant to this section are routine technical rules as defined in chapter 375, subchapter II-A 2-A.

Sec. AA-49. 5 MRSA §20074,  as amended by PL 1991, c. 850, §9, is further amended to read:

§ 20074. Separation of evaluation and treatment functions

A Driver Education and Evaluation Programs private practitioner or a counselor employed by a substance abuse facility approved or licensed by the office department providing services under this subchapter may not provide both treatment services and evaluation services for the same individual participating in programs under this subchapter unless a waiver is granted on a case-by-case basis by the Driver Education and Evaluation Programs. The practitioner or counselor providing evaluation services shall give a client the name of 3 practitioners or counselors who can provide treatment services, at least one of whom may not be employed by the same agency as the practitioner or counselor conducting the evaluation.

Sec. AA-50. 5 MRSA §20075,  as amended by PL 2001, c. 511, §2, is further amended to read:

§ 20075. Certification; recertification

All providers of the evaluation, intervention and treatment components of the Driver Education and Evaluation Programs must be certified by the office department pursuant to section 20005, section 20024, section 20073-B and this subchapter. The certification period for individual providers and agencies is 2 years. The office department shall adopt rules requiring continuing education for recertification.

Sec. AA-51. 5 MRSA §20076-B,  as enacted by PL 1999, c. 448, §9, is amended to read:

§ 20076-B. Fees

The office department shall set fees in accordance with the cost of each program. All fees must be transferred to the General Fund. The office department may waive all or part of any fee for a client who provides sufficient evidence of inability to pay.

Sec. AA-52. 5 MRSA §20077,  as enacted by PL 1991, c. 601, §28, is amended to read:

§ 20077. Report

Beginning in 1992, the director commissioner shall report annually by February 1st to the joint standing committee of the Legislature having jurisdiction over human resource matters regarding the office's department's activities under this subchapter. A copy of the report must be sent to the Executive Director of the Legislative Council.

Sec. AA-53. 5 MRSA §20078-A, sub-§3,  as enacted by PL 1993, c. 631, §7, is amended to read:

Sec. AA-54. 5 MRSA §20078-A, sub-§4,  as enacted by PL 1993, c. 631, §7, is amended to read:

Sec. AA-55. 12 MRSA §10701, sub-§3, ¶D,  as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9 and amended by c. 689, Pt. B, §6, is further amended to read:

Sec. AA-56. 17 MRSA §2005, sub-§3,  as enacted by PL 1997, c. 756, §1 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AA-57. 20-A MRSA §6621,  as enacted by PL 2005, c. 674, §3, is amended to read:

§ 6621. Performance-enhancing substances

Sec. AA-58. 22 MRSA §272, sub-§2,  as enacted by PL 1997, c. 560, Pt. D, §2 and amended by PL 2001, c. 354, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AA-59. 22 MRSA §1551-A, sub-§5,  as enacted by PL 1995, c. 470, §9 and affected by §19, is repealed.

Sec. AA-60. 22 MRSA §1558, sub-§8, ¶A,  as amended by PL 2005, c. 223, §5, is further amended to read:

Sec. AA-61. 22 MRSA §1558-A, sub-§2,  as enacted by PL 1995, c. 470, §9 and affected by §19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

Sec. AA-62. 22 MRSA §2351,  as enacted by PL 2005, c. 430, §5 and affected by §10, is amended to read:

§ 2351. Maine Meth Watch Program

Sec. AA-63. 22 MRSA §3739, sub-§2, ¶G,  as enacted by PL 1993, c. 158, §2, is amended to read:

Sec. AA-64. 22 MRSA §4004-A, sub-§3,  as corrected by RR 2003, c. 2, §77, is amended to read:

Sec. AA-65. 22 MRSA §7246, sub-§4,  as enacted by PL 2003, c. 483, §1 and amended by c. 689, Pt. B, §6, is repealed.

Sec. AA-66. 22 MRSA §7247,  as amended by PL 2011, c. 380, Pt. WW, §1, is further amended to read:

§ 7247. Controlled Substances Prescription Monitoring Program Fund

The Controlled Substances Prescription Monitoring Program Fund is established within the office department to be used by the director of the office commissioner to fund or assist in funding the program. Any balance in the fund does not lapse but is carried forward to be expended for the same purposes in succeeding fiscal years. The fund must be deposited with and maintained and administered by the office department. The office commissioner may accept funds into the fund from any source, public or private, including grants or contributions of money or other things of value, that it the commissioner determines necessary to carry out the purposes of this chapter. Money received by the office department to establish and maintain the program must be used for the expenses of administering this chapter.

Sec. AA-67. 22 MRSA §7248,  as enacted by PL 2003, c. 483, §1, is amended to read:

§ 7248. Controlled Substances Prescription Monitoring Program

Sec. AA-68. 22 MRSA §7249,  as amended by PL 2011, c. 477, Pt. K, §1, is further amended to read:

§ 7249. Reporting of prescription monitoring information

Sec. AA-69. 22 MRSA §7250,  as amended by PL 2011, c. 218, §§1 to 4, is further amended to read:

§ 7250. Access to prescription monitoring information and confidentiality

Sec. AA-70. 22 MRSA §7251, sub-§1,  as enacted by PL 2003, c. 483, §1, is amended to read:

Sec. AA-71. 22 MRSA §7252,  as enacted by PL 2003, c. 483, §1, is amended to read:

§ 7252. Rulemaking

The office department may adopt rules necessary to implement the provisions of this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. AA-72. 26 MRSA §683, sub-§1, ¶B,  as amended by PL 1995, c. 283, §1, is further amended to read:

Sec. AA-73. 26 MRSA §687, sub-§1,  as amended by PL 1995, c. 283, §2, is further amended to read:

Sec. AA-74. 26 MRSA §688,  as amended by PL 1995, c. 283, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

§ 688. Substance abuse education

All employers shall cooperate fully with the Department of Labor, Office of Substance Abuse, the Department of Health and Human Services, the Department of Public Safety and any other state agency in programs designed to educate employees about the dangers of substance abuse and about public and private services available to employees who have a substance abuse problem.

Sec. AA-75. 28-A MRSA §1703, sub-§5,  as amended by PL 1997, c. 373, §144, is further amended to read:

Sec. AA-76. 28-A MRSA §2519, sub-§2, ¶D,  as amended by PL 1999, c. 519, §2, is further amended to read:

Sec. AA-77. 29-A MRSA §2401, sub-§1,  as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

Sec. AA-78. 29-A MRSA §2411, sub-§5, ¶F,  as amended by PL 2001, c. 511, §3 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AA-79. 29-A MRSA §2455, sub-§3, ¶A,  as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

Sec. AA-80. 29-A MRSA §2472, sub-§6,  as amended by PL 2001, c. 511, §6, is further amended to read:

Sec. AA-81. 29-A MRSA §2502,  as amended by PL 2011, c. 335, §11, is further amended to read:

§ 2502. Special licenses for driver education evaluation program; suspension

Sec. AA-82. 29-A MRSA §2505,  as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

§ 2505. Special restricted license for participation in education and treatment programs

Notwithstanding other limitations, the Secretary of State may issue a restricted license to a person for the purpose of allowing that person to participate in an alcohol and drug program or other treatment program determined appropriate by the Office of Substance Abuse Department of Health and Human Services.

Sec. AA-83. 32 MRSA §6212, sub-§2,  as amended by PL 2007, c. 402, Pt. U, §7, is further amended to read:

Sec. AA-84. 32 MRSA §13795, sub-§5,  as amended by PL 2007, c. 695, Pt. B, §18, is further amended to read:

Sec. AA-85. 34-B MRSA §1219, sub-§1,  as enacted by PL 1995, c. 431, §2 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

Sec. AA-86. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 5, chapter 521, in the chapter headnote, the words "office of substance abuse" are amended to read "substance abuse prevention and treatment" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

PART BB

Sec. BB-1. 5 MRSA §1591, sub-§2, ¶A,  as amended by PL 2011, c. 380, Pt. UUU, §1, is further amended to read:

Sec. BB-2. 22 MRSA §3174-I, sub-§1, ¶B-1,  as enacted by PL 1995, c. 170, §2, is amended to read:

Sec. BB-3. 22 MRSA §3472, sub-§2-A,  as amended by PL 2003, c. 653, §2 and c. 689, Pt. B, §6, is repealed.

Sec. BB-4. 22 MRSA §5104, sub-§2,  as amended by PL 1989, c. 329, §8 and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. BB-5. 22 MRSA §5104, sub-§4,  as repealed and replaced by PL 1973, c. 793, §3, is repealed.

Sec. BB-6. 22 MRSA §5104, sub-§6,  as amended by PL 1989, c. 329, §10 and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. BB-7. 22 MRSA §5104-A,  as enacted by PL 1973, c. 793, §4, is amended to read:

§ 5104-A. State agencies to cooperate

State agencies shall cooperate fully with the bureau and committee department in carrying out this Part. The bureau and committee are department is authorized to request such personnel, financial assistance, facilities and data as are reasonably required to assist the bureau and committee it to fulfill their its powers and duties.

State agencies proposing to develop, establish, conduct or administer programs or to assist programs relating to this Part shall, prior to carrying out such actions, consult with the bureau department.

All agencies of State Government shall advise the bureau department of their proposed administrative fiscal and legislative activities relating to this Part.

State agencies, in the implementation of their activities relating to this Part, shall keep the bureau department fully informed of their progress.

Sec. BB-8. 22 MRSA §5105,  as amended by PL 2007, c. 539, Pt. N, §39, is repealed.

Sec. BB-9. 22 MRSA §5106,  as amended by PL 2011, c. 542, Pt. A, §§39 and 40, is further amended to read:

§ 5106. Powers and duties

The bureau department shall establish, in accordance with the purposes and intent of this Part, with the advice of the committee and subject to the direction of the commissioner, the overall planning, policy, objectives and priorities for all functions and activities conducted or supported in the State which that relate to Maine's aging population and incapacitated and dependent adults. In order to carry out the above, the bureau shall have department has the power and duty to:

Sec. BB-10. 22 MRSA §5304, sub-§3,  as amended by PL 1989, c. 329, §19 and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. BB-11. 22 MRSA §5304, sub-§9,  as amended by PL 1989, c. 329, §20 and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. BB-12. 22 MRSA §6108,  as amended by PL 1989, c. 329, §21 and PL 2003, c. 689, Pt. B, §6, is further amended to read:

§ 6108. Administration of priority social services for Maine's elderly

The Bureau of Elder and Adult Services, Department of Health and Human Services or its successors , is designated as the organizational unit of State Government with sole responsibility for administrating, with the advice of the Maine Committee on Aging, and subject to the direction of the commissioner, so much of the Priority Social Services Program as relates directly to older people, such as, but not limited to, these types of social services: Meals meals for older people, transportation for older people and health and home care needs for the elderly.

Regarding priority social services for older people, the Bureau of Elder and Adult Services shall have department has the powers and duty to:

Sec. BB-13. 22 MRSA §6202, sub-§5,  as amended by PL 1989, c. 347, §5 and c. 878, Pt. B, §19; and PL 2003, c. 689, Pt. B, §6, is repealed.

Sec. BB-14. 22 MRSA §7861, first ¶,  as enacted by PL 2001, c. 596, Pt. A, §1 and affected by Pt. B, §25 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

The Department of Health and Human Services, Bureau of Elder and Adult Services, with advice from the Maine State Housing Authority, the Rural Housing Services or any other housing agency financing assisted housing programs, shall administer state-funded assisted housing programs. Administration must include, but is not limited to:

Sec. BB-15. 36 MRSA §6220,  as amended by PL 1997, c. 668, §40, is further amended to read:

§ 6220. Coordination required

The bureau shall seek the advice and cooperation of the Bureau of Elder and Adult Department of Health and Human Services ; the Bureau of Family Independence; the Bureau of Child and Family Services; advocates for elderly and low-income individuals; and other interested agencies and organizations in developing the application form and instruction booklet for the Maine Residents Property Tax Program and the outreach plan required by section 6219.

Sec. BB-16. 38 MRSA §1652, sub-§3,  as amended by PL 1989, c. 878, Pt. B, §43, is further amended to read:

Sec. BB-17. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 22, chapter 1453, in the chapter headnote, the words "bureau of elder and adult services" are amended to read "elder and adult services" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

PART CC

Sec. CC-1. 34-B MRSA §5439, sub-§1, ¶C,  as reallocated by PL 2007, c. 695, Pt. A, §41, is repealed.

Sec. CC-2. 34-B MRSA §5439, sub-§§2 to 4,  as reallocated by PL 2007, c. 695, Pt. A, §41, are amended to read:

Sec. CC-3. 34-B MRSA §5439, sub-§5, ¶B,  as reallocated by PL 2007, c. 695, Pt. A, §41, is amended to read:

Sec. CC-4. 34-B MRSA §19001, sub-§§1 and 3,  as enacted by PL 2007, c. 239, §2, are amended to read:

PART DD

Sec. DD-1. 34-B MRSA §3861, sub-§3, ¶B,  as enacted by PL 2007, c. 580, §2, is amended to read:

Sec. DD-2. 34-B MRSA §3861, sub-§3, ¶D,  as enacted by PL 2007, c. 580, §2, is amended to read:

Sec. DD-3. 34-B MRSA §3861, sub-§3, ¶E,  as enacted by PL 2007, c. 580, §2, is amended to read:

Sec. DD-4. 34-B MRSA §3861, sub-§3, ¶F,  as enacted by PL 2007, c. 580, §2, is amended to read:

PART EE

Sec. EE-1. 22 MRSA §7924, sub-§1,  as amended by PL 2009, c. 1, Pt. S, §1, is further amended to read:

Sec. EE-2. 34-B MRSA §1223, sub-§9, ¶F,  as enacted by PL 2007, c. 356, §7 and affected by c. 695, Pt. D, §3, is amended to read:

Sec. EE-3. 34-B MRSA §1223, sub-§10, ¶B,  as amended by PL 2011, c. 542, Pt. A, §68, is further amended to read:

Sec. EE-4. 34-B MRSA §5005,  as amended by PL 2011, c. 542, Pt. A, §§85 to 90, is repealed.

Sec. EE-5. 34-B MRSA §5005-A  is enacted to read:

§ 5005-A.  Advocacy agency

Sec. EE-6. 34-B MRSA §5470-B, sub-§7, ¶B,  as enacted by PL 2007, c. 356, §21 and affected by §31, is amended to read:

Sec. EE-7. 34-B MRSA §5604, sub-§3, ¶A,  as amended by PL 2011, c. 542, Pt. A, §127, is further amended to read:

Sec. EE-8. 34-B MRSA §5604-A, sub-§3,  as amended by PL 2011, c. 542, Pt. A, §128, is further amended to read:

Sec. EE-9. 34-B MRSA §5605, sub-§13, ¶B,  as amended by PL 2011, c. 186, Pt. A, §27, is further amended to read:

Sec. EE-10. 34-B MRSA §5605, sub-§14-A,  as amended by PL 2011, c. 542, Pt. A, §129, is further amended to read:

Sec. EE-11. 34-B MRSA §5606, sub-§1,  as amended by PL 2007, c. 356, §26 and affected by §31, is further amended to read:

Sec. EE-12. 34-B MRSA §5608, sub-§2,  as amended by PL 2011, c. 186, Pt. A, §36, is further amended to read:

PART FF

Sec. FF-1. Restructuring. The Commissioner of Health and Human Services shall review the current organizational structure, systems and operations of the Department of Health and Human Services and restructure the department in order to achieve the provisions of this Act. Notwithstanding any other provision of law, the State Budget Officer shall transfer positions, appropriations and allocations between accounts and line categories by financial order upon approval of the Governor in order to achieve the provisions of this Act. Transfers by the State Budget Officer made prior to September 1, 2012 are considered adjustments to authorized position count, appropriations and allocations in fiscal year 2012-13. On or before December 1, 2012, the commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report outlining the progress towards the new organizational structure and any transferred amounts. On or before June 30, 2013, the commissioner and the State Budget Officer shall provide the joint standing committees of the Legislature having jurisdiction over health and human services matters and appropriations and financial affairs a report updating the progress towards the new organizational structure and any transferred amounts made subsequent to the December 1, 2012 report.

PART GG

Sec. GG-1. Medicaid state plan amendment for individuals who are 19 or 20 years of age. The Department of Health and Human Services shall prepare and submit a Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services that, effective October 1, 2012, eliminates Medicaid coverage for individuals who are 19 or 20 years of age, who have incomes less than or equal to 150% of the nonfarm income official poverty line as defined by the federal Office of Management and Budget, who do not live with a dependent child and who are not otherwise eligible for Medicaid.

Sec. GG-2. Contingent effective date. This Part takes effect only if:

1. The Commissioner of Health and Human Services receives written approval of the application for a waiver of the maintenance of effort requirements of the federal Patient Protection and Affordable Care Act for the changes in section 1 from the federal Centers for Medicare and Medicaid Services or the commissioner receives written notification from the federal Centers for Medicare and Medicaid Services that such a waiver is not necessary; and

2. The Commissioner of Health and Human Services notifies the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that written approval of the application for a waiver or written notification that such a waiver is not necessary has been received.

PART HH

Sec. HH-1. 22 MRSA §254-D, sub-§4, ¶D,  as enacted by PL 2005, c. 401, Pt. A, §2, is amended to read:

Sec. HH-2. Medicaid state plan amendment for the Medicare savings program. The Department of Health and Human Services shall prepare and submit a Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services that, effective October 1, 2012, effectively reduces income eligibility levels for the Medicare savings program as follows: for the Qualified Medicare Beneficiary program, to income not more than 140% of the federal poverty level; for the Specified Low-Income Medicare Beneficiary program, to income more than 140% but not more than 160% of the federal poverty level; and for the Qualified Individuals program, to income more than 160% but not more than 175% of the federal poverty level.

Sec. HH-3. Contingent effective date. Section 2 of this Part takes effect only if:

1. The Commissioner of Health and Human Services receives written approval of the application for a waiver of the maintenance of effort requirements of the federal Patient Protection and Affordable Care Act for the changes in section 2 from the federal Centers for Medicare and Medicaid Services or the commissioner receives written notification from the Centers for Medicare and Medicaid Services that such a waiver is not necessary; and

2. The Commissioner of Health and Human Services notifies the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes that written approval of the application for a waiver or written notification that such a waiver is not necessary has been received.

PART II

Sec. II-1. 5 MRSA §1591, sub-§2, ¶D,   as enacted by PL 2011, c. 655, Pt. V, §1, is amended to read:

PART JJ

Sec. JJ-1. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)

Developmental Services Waiver - MaineCare 0987

Initiative: Provides funds to serve individuals on the waiting list for services under the MaineCare Benefits Manual, Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder.

GENERAL FUND	2011-12	2012-13
All Other	$0	$500,000
GENERAL FUND TOTAL	$0	$500,000

Mental Health Services - Child Medicaid 0731

Initiative: Reduces funding by reducing optional coverage for children who are behaviorally challenged and who are in a residential setting.

GENERAL FUND	2011-12	2012-13
All Other	$0	($375,000)
GENERAL FUND TOTAL	$0	($375,000)

Mental Health Services - Children 0136

Initiative: Provides funding to offset a deappropriation in Part A of this Act reducing contracts for residential services.

GENERAL FUND	2011-12	2012-13
All Other	$0	$1,250,000
GENERAL FUND TOTAL	$0	$1,250,000

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY BDS)
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$1,375,000
DEPARTMENT TOTAL - ALL FUNDS	$0	$1,375,000

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Medical Care - Payments to Providers 0147

Initiative: Provides funds to offset a 10% rate reduction for adult family care services in Public Law 2011, chapter 477, Part M.

GENERAL FUND	2011-12	2012-13
All Other	$0	$22,007
GENERAL FUND TOTAL	$0	$22,007

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$37,908
FEDERAL EXPENDITURES FUND TOTAL	$0	$37,908

Medical Care - Payments to Providers 0147

Initiative: Provides funds to serve individuals on the waiting list for services under the MaineCare Benefits Manual, Chapter II, Section 21, Home and Community Benefits for Members with Intellectual Disabilities or Autistic Disorder.

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	$861,285
FEDERAL EXPENDITURES FUND TOTAL	$0	$861,285

Medical Care - Payments to Providers 0147

Initiative: Reduces funding by reducing optional coverage for children who are behaviorally challenged and who are in a residential setting.

FEDERAL EXPENDITURES FUND	2011-12	2012-13
All Other	$0	($645,964)
FEDERAL EXPENDITURES FUND TOTAL	$0	($645,964)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS	2011-12	2012-13
GENERAL FUND	$0	$22,007
FEDERAL EXPENDITURES FUND	$0	$253,229
DEPARTMENT TOTAL - ALL FUNDS	$0	$275,236

SECTION TOTALS	2011-12	2012-13
GENERAL FUND	$0	$1,397,007
FEDERAL EXPENDITURES FUND	$0	$253,229
SECTION TOTAL - ALL FUNDS	$0	$1,650,236