An Act Eliminating the Receipt by the Maine Veterans' Homes of Any Reimbursement from the MaineCare Program for the Costs of Renovating the Existing 120-bed Maine Veterans' Homes Nursing Facility in Augusta
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the existing 120-bed nursing facility of the Maine Veterans' Homes in Augusta is almost 20 years old; and
Whereas, significant renovations must be made to that facility, such as renovations to ensure continued compliance with life safety codes, to remove asbestos, to replace heating systems, to replace windows and to replace the facility's roof; and
Whereas, the Maine Veterans' Homes has proposed these renovations to its Augusta nursing facility in the amount of $2,794,787; and
Whereas, the Maine Veterans' Homes can guarantee a contract price of $2,794,787 on these renovations to its Augusta nursing facility if it acts by February 17, 2003; and
Whereas, the Maine Veterans' Homes has secured federal funding in the amount of 65% of the costs of the renovations; and
Whereas, the Maine Veterans' Homes will lose its federal funding for the proposed renovations to its Augusta nursing facility if it can not proceed with a contract for the renovations in a timely manner; and
Whereas, the proposed renovations to the Augusta nursing facility of the Maine Veterans' Homes are subject to the Maine Certificate of Need Act of 2002; and
Whereas, on January 22, 2002, the Maine Veterans' Homes filed with the Department of Human Services a certificate of need application dated January 14, 2002 seeking approval for the proposed renovations to the nursing facility; and
Whereas, the Department of Human Services has not yet acted on the certificate of need application; and
Whereas, the Maine Certificate of Need Act of 2002 states "A nursing facility project that proposes renovation, replacement or other actions that will increase Medicaid [MaineCare] costs may be approved only if appropriations have been made by the Legislature expressly for the purpose of meeting those costs"; and
Whereas, the Maine Veterans' Homes does not wish the proposed renovations to its Augusta nursing facility to increase MaineCare costs to the State and, accordingly, wishes to forego the receipt of any reimbursement from the State for the costs of those renovations; 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. 37-B MRSA §610, as amended by PL 1997, c. 395, Pt. P, §4, is further amended by adding a new paragraph at the end to read:
The provisions of this section pertaining to the Department of Human Services' reimbursement of long-term care facilities for depreciation of assets created with federal or state grants do not apply to renovations undertaken by the Maine Veterans' Homes 120-bed Augusta nursing facility in accordance with a certificate of need application filed January 22, 2002. The Department of Human Services shall amend its rules regarding reimbursement of long-term care facilities accordingly. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Certificate of need; MaineCare. The following provisions apply with regard to a certificate of need application filed on January 22, 2002 by the Maine Veterans' Homes to renovate an existing 120-bed nursing facility at Augusta.
1. The Department of Human Services may not reimburse through the MaineCare program the Maine Veterans' Homes for any short-term or long-term costs associated directly or indirectly with the renovations detailed in the certificate of need application filed.
2. The provisions of the Maine Revised Statutes, Title 22, section 334 that require an appropriation for the express purpose of meeting the costs of a nursing facility project for which a certificate of need has been filed do not apply to the certificate of need application.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 19, 2003.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
