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PUBLIC LAWS OF MAINE
First Special Session of the 118th

PART P

     Sec. P-1. 37-B MRSA §601, as amended by PL 1997, c. 98, §1, is further amended to read:

§601. Home established; purpose

     There must be public homes for veterans in Maine known as "Maine Veterans' Homes." In addition to the existing 120-bed home located in Augusta, a 120-bed home located in southern Maine Scarborough, a home not to exceed 60 40 beds located in Aroostook County Caribou, a home located in Bangor not to exceed 120 beds, of which 40 beds are dedicated to senile dementia patients, and a home located in South Paris not to exceed 90 beds, of which 30 beds are dedicated to senile dementia patients, may be constructed if federal Veterans' Administration funds are available to meet part of the costs of each facility for construction or operation. In addition, a home located in Machias not to exceed 60 beds may be constructed if federal Veterans' Administration funds or funds from any other state, federal or private source are available to meet part of the costs of the facility for construction or operation, except that the Machias home may not begin operation prior to July 1, 1995 and the construction and funding of the Machias home may not in any way jeopardize the construction, funding or financial viability of any other home. The Board of Trustees of the Maine Veterans' Homes shall plan and develop these additional homes and may use the Machias home using any funds available for those purposes that purpose, except for the Augusta facility's funded depreciation account. Any funds loaned to the Maine Veterans' Homes for operating purposes from the funded depreciation accounts of the Maine Veterans' Homes must be reimbursed from any funds received by the Maine Veterans' Homes and available for that purpose. The primary purpose of the homes is to provide support and care for honorably discharged veterans who served on active duty in the United States Armed Forces during wartime, including the Korean Conflict, the Vietnam War and the Persian Gulf War for no less than 180 days.

     Sec. P-2. 37-B MRSA §607, as amended by PL 1995, c. 211, §1, is further amended to read:

§607. Admission

     Veterans desiring admission to the home must apply on forms prescribed by the administrator. Admission may be granted by the administrator only to eligible The administrator shall grant admission only to veterans who were residents of Maine at the time of their entry into the United States Armed Forces or who are residents of Maine at the time of application, and to the spouses, widows or widowers of eligible veterans, provided that suitable facilities are available. Parents of armed services members who are killed in action or die as a consequence of wounds received in battle are also eligible, as so called "gold star" parents, for admission. Admission must be granted when provisions of the rules are met, when there is a vacancy and in order of application, unless otherwise provided in the rules governing private payment, Medicare and Medicaid eligibility to entitled persons are met. For the purposes of this section, "eligible veteran" includes a person who served on active duty in the United States Armed Forces at any time during the period from December 22, 1961 to August 5, 1964.

     Sec. P-3. 37-B MRSA §609, as enacted by PL 1983, c. 460, §3, is repealed.

     Sec. P-4. 37-B MRSA §610, as enacted by PL 1983, c. 460, §3, is amended to read:

§610. Support and maintenance fund

     All funds received by the Treasurer of State shall Maine Veterans' Home, including federal Veterans' Administration stipend funds, must be held by him in a permanent fund to be used as required by the administrator for the support and maintenance of the home homes. A percentage of these funds approved by the board of trustees shall must be placed in reserve for capital improvement expenditures. The board of trustees shall operate the home homes, when constructed, as a self-liquidating project projects until all the bonds issued as provided by this chapter are retired. Any funds received in excess of that necessary for the support and maintenance of the home homes, the capital reserve fund and funds necessary for retirement of any outstanding bonds or indebtedness as those payments become due shall lapse at the end of each fiscal year must be transferred to the Treasurer of State where they are to be applied as credits to the General Fund. The Department of Human Services shall may not modify its principles of reimbursement for long-term care facilities to specifically exclude reimbursement for the depreciation of the assets created with federal or state grants.

     Sec. P-5. 37-B MRSA §610-A is enacted to read:

§610-A. Stipend funds

     The Maine Veterans' Homes retain as direct income revenue any stipend funds they may receive from the federal Veterans' Administration for the homes' entire eligible resident population.

     The Department of Human Services may neither receive the proceeds nor require the application of stipend funds in the Medicare or Medicaid rate justification submissions by the Maine Veterans' Homes.

     Sec. P-6. 37-B MRSA §610-B is enacted to read:

§610-B. Use of stipend funds

     The Maine Veterans' Homes shall expend stipend funds received pursuant to section 610-A first on the payment of debt service on, or the setting aside of funds irrevocably to repay as soon as possible, the outstanding principal amount of the bonded indebtedness of the homes and the bonded indebtedness of the State on which the homes are obligated to pay debt service. Any interest earned on funds set aside irrevocably to repay such bonded indebtedness must be credited to the General Fund.

     Annually, at the beginning of each fiscal year, the Maine Veterans' Homes shall prepare and file with the Department of Human Services a written work plan for the use of its anticipated financial resources including stipend funds in that fiscal year.

     The Board of Trustees of the Maine Veterans' Homes in conjunction with the Commissioner of Human Services may agree to develop additional requirements regarding operation of the homes as needed.

     Sec. P-7. Study on possible conversion of beds. Prior to June 30, 1998, the Maine Veterans' Homes, in consultation with the Department of Human Services, shall complete a comprehensive study of the possible conversion of the use of beds at its various facilities from skilled nursing care to residential care.

     Sec. P-8. Undedicated revenue to the General Fund; Maine Veterans' Homes. Notwithstanding any other provision of law, the Maine Veterans' Homes must deposit, as General Fund undedicated revenue, $835,178 no later than June 1, 1998 and $1,138,665 no later than June 1, 1999.

     Sec. P-9. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

1997-98 1998-99

HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers

Provides funds to support totally state-funded residential care services.

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