CHAPTER 135
H.P. 1391 - L.D. 1867
Resolve, Regarding Legislative Review of Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Private Non-medical Institution Services, a Major Substantive Rule of the Department of Human Services
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; 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
Sec. 1. Adoption. Resolved: That final adoption of Chapter 101: MaineCare Benefits Manual, Chapter III, Section 97, Private Non-medical Institution Services, a provisionally adopted major substan-tive rule of the Department of Human Services that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized provided the following changes are made in Section 97.
1. The principles of reimbursement in Section 97 must be changed to eliminate reduced reimbursement for private nonmedical institutions that use a calculation of bed-hold days for medical and remedial private nonmedical institution residents. In place of bed-hold days and in order to produce the same amount of savings for the MaineCare program, the principles of reimbursement for room and board in Section 115 must provide for a general rate reduction of 25 cents per resident per day in the facility-specific routine component of the room-and-board portion of payment.
2. The principles of reimbursement must be changed in the wording used to refer to reimbursement related to foreign exchange fellows of professional exchange programs for social workers in private nonmedical institution settings: the word "stipend" in the rule and appendices must be changed to "contract fee."
In order to accomplish the rule changes required by this resolve, the Department of Human Services shall adopt emergency rules to implement this resolve; and be it further
Sec. 2. Appropriations and allocations. Resolved: That the following appropriations and allocations are made.
HUMAN SERVICES, DEPARTMENT OF
Medical Care - Payments to Providers 0147
Initiative: Allocates funds to restore a Federal Expenditures Fund deallocation as a result of replacing a Public Law 2003, chapter 20, Part B, MaineCare private nonmedical institution (PNMI) payment reduction with a state-only room-and-board payment reduction.
Federal Expenditures Fund 2003-04 2004-05
All Other $97,319 $388,408
__________ __________
Federal Expenditures
Fund Total $97,319 $388,408
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 22, 2004.
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