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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 612
H.P. 1270 - L.D. 1748

An Act To Amend the Rule-making Authority of the Department of Human Services to Ensure Cost-effective Operation of State Medical Services Programs and Compliance with Federal Requirements

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

     Whereas, the State of Maine needs to ensure that all legislatively mandated deappropriations are implemented to the fullest extent possible and that all possible revenue sources are used to the maximum extent possible; and

     Whereas, if such actions are not taken it may be necessary to implement new service or reimbursement reductions; and

     Whereas, the State must comply with federal mandates in the operation of various programs in which the Federal Government provides matching funds, including Medicaid, TANF and food stamps; and

     Whereas, the State may not have an opportunity to adopt rules complying with federal requirements until after those requirements are in effect; and

     Whereas, the State must conform its Medicaid rules to the state plan filed with the Federal Government; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §42, sub-§8 is enacted to read:

     8. Adoption of rules with retroactive application. The department is authorized to adopt rules that have a retroactive application for a period not to exceed 8 calendar quarters prior to the date of issuance of the rule in accordance with the provisions of this subsection.

     Sec. 2. Report. By January 15, 2005 and January 15, 2006, the Department of Human Services shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on implementation of this Act and the fiscal impact of implementation on the MaineCare and General Fund budgets and any MaineCare providers, members or beneficiaries or beneficiaries or recipients of other programs administered by the department.

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

Effective April 9, 2004.

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