Sec. GG-1. 36 MRSA §2871, sub-§6, as enacted by PL 2001, c. 714, Pt. CC, §3 and affected by §8, is amended to read:
6. Residential treatment facility. "Residential treatment facility" means an intermediate care facility for the mentally retarded, or a level I assisted living facility for the mentally retarded, that falls within the definitions provided by the United States Social Security Act, 42 United States Code, Section 1396(d) and that provides services to individuals with developmental disabilities and that is not state-operated. "Residential treatment facility" also means a community-based facility that provides similar services to the developmentally disabled under a waiver granted pursuant to the United States Social Security Act, 42 United States Code, Section 1396n(c) to the extent permitted by federal law and regulations.
Sec. GG-2. Supplemental appropriations and allocations. There are appropriated and allocated from various funds for the fiscal year ending June 30, 2003, to the departments listed, the following sums.
BEHAVIORAL AND DEVELOPMENTAL
SERVICES, DEPARTMENT OF 14
Medicaid Services - Mental
Retardation 0705
Initiative: Provides for the deappropriation of funds related to the tax on residential treatment facilities for individuals with developmental disabilities.
General Fund 2002-03
All Other (141,094)
__________
General Fund Total (141,094)
Elizabeth Levinson Center 0119
Initiative: Provides funds for tax imposed on residential treatment facilities for individuals with developmental disabilities. This request will generate $52,428 in General Fund Undedicated Revenue contingent upon the federal approval procedure identified in Public Law 2001, chapter 714, Part CC.
General Fund 2002-03
All Other 79,066
__________
General Fund Total 79,066
Aroostook Residential Center 0118
Initiative: Provides funds for tax imposed on residential treatment facilities for individuals with developmental disabilities. This request will generate $32,115 in General Fund Undedicated Revenue contingent upon the federal approval procedure identified in Public Law 2001, chapter 714, Part CC.
General Fund 2002-03
All Other 48,432
__________
General Fund Total 48,432
Freeport Towne Square 0814
Initiative: Provides funds for tax imposed on residential treatment facilities for individuals with developmental disabilities. This request will generate $9,016 in General Fund Undedicated Revenue contingent upon the federal approval procedure identified in Public Law 2001, chapter 714, Part CC.
General Fund 2002-03
All Other 13,596
__________
General Fund Total 13,596
Residential Treatment Facilities
Assessment 0978
Initiative: Provides for the allocation of funds from revenue generated by the imposition of an assessment on residential treatment facilities for individuals with developmental disabilities.
Other Special Revenue Funds 2002-03
All Other 141,094
__________
Other Special Revenue Funds
Total 141,094
BEHAVIORAL AND DEVELOPMENTAL
SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2002-03
GENERAL FUND $0
OTHER SPECIAL REVENUE
FUNDS $141,094
___________
DEPARTMENT TOTAL -
ALL FUNDS $141,094
SECTION TOTALS 2002-03
GENERAL FUND $0
OTHER SPECIAL REVENUE
FUNDS $141,094
___________
SECTION TOTAL - ALL
FUNDS $141,094
Sec. GG-3. Application date; retroactivity. The section of this Part that amends the Maine Revised Statutes, Title 36, section 2871, subsection 6 takes effect when the Commissioner of Human Services notifies the State Tax Assessor that, based on representations from the United States Department of Health and Human Services, the tax imposed by Title 36, section 2872 on that class of facilities is a permissible health care related tax as defined in Title 42, Part 433, Section 68 of the Code of Federal Regulations. Once effective, Title 36, section 2871, subsection 6 applies retroactively to July 1, 2002.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 13, 2003.
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